The International Criminal Court (ICC) concluded the confirmation of charges hearing in the case against Lord’s Resistance Army (LRA) leader Joseph Kony on Wednesday, with judges now set to deliberate on whether there is sufficient evidence to commit him to trial.
The two-day hearing, which ran from September 9 to 10 before Pre-Trial Chamber III, was conducted in Kony’s absence, who was represented by Defence Counsel Peter Haynes, KC. The panel of judges comprised Presiding Judge Althea Violet Alexis-Windsor, Judge Iulia Motoc, and Judge Haykel Ben Mahfoudh.
The proceedings allowed the Prosecution, Defence, and Legal Representatives of the Victims to present submissions on the merits of the case, including final observations. The central question before the Chamber is whether the evidence establishes substantial grounds to believe Kony committed the crimes charged by the Prosecution.
Under ICC procedure, the Pre-Trial Chamber must issue its written decision within 60 days of the close of the hearing. The Chamber may either confirm the charges and commit Kony to trial before a Trial Chamber, decline to confirm charges where evidence is insufficient, or adjourn the hearing to request further investigations or amendments to the charges.
Crucially, the ICC Rome Statute does not allow trials in absentia. Even if charges are confirmed, a trial cannot proceed until Kony is physically present before the Court.
The Defence and Prosecution cannot directly appeal the Chamber’s decision. However, they may seek authorisation from the Pre-Trial Chamber to pursue an appeal.
Kony, who has been a fugitive from justice for nearly two decades, faces allegations of war crimes and crimes against humanity linked to atrocities committed during the LRA’s insurgency in Northern Uganda and beyond.
