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ICC: Kony court hearing to commence in absentia
The Lord’s Resistance Army (LRA) commander, Joseph Kony, answers journalists’ questions in Ri-Kwamba, Southern Sudan in 2006. Photo/File
What you need to know:
- The existence of confirmation proceedings in absentia would serve to expedite the case against a suspect that cannot be found. However, as held previously by the same Chamber, this proceeding is only applicable in exceptional circumstances.
The International Criminal Court (ICC) has ruled that come October 15 this year, it will commence with the hearing of the confirmation charges against Joseph Kony, the leader of the rebel outfit, the Lord’s Resistance Army (LRA).
The court in its ruling yesterday said it will proceed with the hearing process whether Kony is present in court or not.
“Today (yesterday), 4 March 2024, the Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”) issued a decision on the Prosecutor’s request to hold confirmation of charges hearing in the case against Joseph Kony in the suspect’s absence, should he not appear, and set the date for this hearing, to commence on 15 October 2024,” read in part the media statement of the ICC.
In yesterday’s decision of the court, the justices instructed the ICC Registry to make its best efforts to inform Kony, who is at large and believed to be in the jungles of the Central African Republic, that confirmation of charges hearing in absentia will take place on October 15. The justices also asked the Registry to commence the process of selection of counsel to represent the rights and interests of Kony.
Rome Statute
The Rome Statute allows for the confirmation of charges proceedings at the Pre-Trial stage in the absence of the suspect.
If the charges are confirmed, the case can only proceed to trial if the accused is present before the Trial Chamber.
The existence of confirmation proceedings in absentia would serve to expedite the case against a suspect that cannot be found. However, as held previously by the same Chamber, this proceeding is only applicable in exceptional circumstances.
The Chamber, composed of Presiding Judge Rosario Salvatore Aitala, Judge Tomoko Akane, and Judge Sergio Gerardo Ugalde Godínez. They all had previously considered that Kony qualifies as a “person who cannot be found” within the meaning of Article 61(2)(b) of the Rome Statute.
Background
The warrant of arrest for Kony was issued on July 8, 2005, amended on September 27, 2005, and unsealed on October 13, 2005.
He is charged with 12 counts of crimes against humanity (murder, enslavement, sexual enslavement, rape, inhumane acts of inflicting serious bodily injury and suffering) and 21 counts of war crimes (murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, inducing rape, and forced enlistment of children) allegedly committed in 2003 and 2004 in northern Uganda.
On February 6, 2015, Pre-Trial Chamber II severed the proceedings against Dominic Ongwen from Kony following his surrender to ICC custody on January 16, 2015.
Initially, this case also involved Vincent Otti, Raska Lukwiya, and Okot Odhiambo, but proceedings against them before the same court were terminated due to their passing.
