ICC backtracks on holding Kony hearing in Uganda

The International Criminal Court (ICC) has reversed its initial proposal to hold the confirmation of charges hearing for Lord’s Resistance Army (LRA) commander Joseph Kony in Uganda, opting instead for proceedings in The Hague.

Initially, the ICC prosecutor had advocated for a Ugandan venue, arguing it would “bring the court close to the victims and affected communities,” and that Ugandan courts possessed the necessary facilities.

However, Kony’s defence team, in an emailed statement, revealed that the ICC’s Pre-Trial Chamber has overruled this request.

“The confirmation hearing scheduled for September 9, 2025, will not take place in Uganda, as the prosecutor and victims’ representatives had asked.

On February 20, the Pre-Trial Chamber ruled that it would take place instead in The Hague,”the statement read.

The Pre-Trial Chamber cited “financial burden to the court, and ‘inherent challenges and potential dangers’ by transferring parts of the court’s operation to the field” as the primary reasons for the reversal.

The victims’ representatives had supported the proposal, emphasising that holding the hearings in Uganda would have a “significant impact on victims’ effective participation” by reinforcing the perception of justice being served.

Whether the September 9 hearing will proceed now rests with the ICC Appeals Chamber,which is considering an appeal by Kony’s defence team, challenging the legality of a hearing in ab sentia without his initial appearance.

In mid-January, the court had indicated it was considering Gulu or Lira as potential venues. Ms Maria Kamara, the ICC outreach coordinator in Uganda, explained that “the proposal was brought about by the prosecution side.”

She further stated that the registry was tasked with assessing the “physical structure of the courtrooms in Gulu and Lira as well as the security situation of the two places,” and determining the“cost implication of the hearing in northern Uganda.”

Charges

“The ICC judges instructed the court’s registry and the Uganda outreach to ensure that, in their communication outreaches, Kony gets to learn of the new date set to hear the confirmation of charges against him,” Ms Kamara said.

The confirmation hearing, initially scheduled for October 15, was rescheduled to September 9, 2025, by Pre-Trial Chamber III.

The court cited the need for “sufficient time... to properly implement the instructions given in separate decisions regarding the disclosure of evidence and the resubmission of the document containing the charges; and for the defence, to adequately prepare for the confirmation of charges hearing.”

The Rome Statute permits confirmation of charges in absentia under specific conditions, and the court has determined that Kony is a person “who ‘cannot be found’ within the meaning of Article 61(2)(b) of the ICC Rome Statute.” The purpose of the confirmation hearing is to determine if there is “sufficient evidence to establish substantial grounds to believe that the person committed each crime.”

However, a trial can only proceed if the accused is present. Kony faces 12 counts of crimes against humanity and 21 counts of war crimes allegedly committed in northern Ugan-

da in 2003 and 2004.

The LRA conflict, under Kony’s leadership, resulted in the deaths of over 100,000 people and the displacement of 1.5 million.

BACKGROUND

The investigation into the LRA cases was opened in 2004. This saw an arrest warrant against Kony, the founder and leader of the LRA, issued in 2005 for 33 counts of war crimes and crimes against humanity. The allegations against him include murder, cruel treatment, enslavement, rape, and attacks against civilian population.

However, the arrest warrant remains unexecuted to this day after Kony eluded arrest, for more than 19 years. On 4 March 2024, Pre-Trial Chamber II issued a decision on the prosecutor’s request to hold confirmation of charges hearing in the case against Kony in his absence, should he not appear by October 15.