ICC Upholds In-Absentia Hearing for Joseph Kony

The Hague, Netherlands  — The Appeals Chamber of the International Criminal Court (ICC) has unanimously upheld a ruling that allows the confirmation of charges hearing against Joseph Kony, the fugitive leader of the Lord’s Resistance Army (LRA), to proceed in absentia.

The decision stems from an appeal by Kony’s defence team challenging the 29 October 2024 decision by Pre-Trial Chamber III, which had determined that under specific conditions—particularly when a suspect “cannot be found”—the ICC Rome Statute permits confirmation proceedings to go ahead without the suspect’s initial appearance before the Court.

Delivering the judgment during an open court hearing, Presiding Judge Erdenebalsuren Damdin, alongside Judges Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze, affirmed that the decision of the Pre-Trial Chamber was consistent with the Statute’s object and purpose and not incompatible with the rights of the defence.

“The Appeals Chamber found that the Rome Statute contains sufficient safeguards to protect the suspect’s fair trial rights, even when an initial appearance has not occurred,” said Judge Damdin.

The ruling means that the confirmation of charges hearing in the case The Prosecutor v. Joseph Kony will proceed as planned, starting 9 September 2025, despite Kony’s continued evasion of arrest.

Background on the Case

Joseph Kony has been a wanted man since the ICC issued a sealed arrest warrant on 8 July 2005, later amended and unsealed on 13 October 2005.

He faces 12 counts of crimes against humanity—including murder, enslavement, sexual enslavement, rape, and inhumane acts—and 21 counts of war crimes, such as the use of child soldiers, pillaging, and targeting civilians. The crimes are alleged to have taken place in northern Uganda in 2003 and 2004 during LRA operations.

Despite being one of the Court’s most notorious fugitives for nearly two decades, Kony remains at large, and efforts to capture him have so far been unsuccessful. The confirmation hearing, while not a trial, is a pivotal step in ICC proceedings. It determines whether there is sufficient evidence to proceed to trial on the charges filed by the Office of the Prosecutor.

A Legal and Symbolic Milestone

The decision by the Appeals Chamber marks a milestone in international justice, reinforcing the ICC’s ability to progress cases against high-profile fugitives and highlighting that justice efforts will not stall due to the prolonged absences of suspects.

Audio-visual materials related to the judgment are available in English, French, and Acholi, reflecting the Court’s commitment to transparency and accessibility to affected communities, particularly in Uganda.