The International Criminal Court (ICC) Pre-Trial Chamber III has set the confirmation of charges hearing in the case of Prosecutor v. Joseph Kony for September 9, 2025.
The hearing will proceed in Kony’s absence.
This decision follows the Chamber’s mandate to ensure adequate time for the Prosecution to comply with instructions on evidence disclosure and resubmission of charges and for the Defence to prepare adequately.
The Chamber has directed the ICC Registry to complete notification and outreach activities regarding the new hearing date within 30 days, starting January 6, 2025.
A detailed report on these efforts is expected by February 14, 2025.
Legal Basis for Hearing in Absentia
Under Article 61(2)(b) of the Rome Statute, confirmation of charges can occur in absentia if the suspect cannot be located despite reasonable efforts.
The Chamber found that Joseph Kony meets these criteria, as all reasonable measures to secure his appearance and inform him of the charges have been exhausted.
The hearing, originally scheduled for October 15, 2024, was postponed to September 2025 to allow further preparations.
The confirmation hearing aims to determine if there is sufficient evidence to proceed with a trial.
However, a trial can only commence if the accused is present before the Trial Chamber.
Background
Joseph Kony, founder of the Lord’s Resistance Army (LRA), has been wanted by the ICC since a sealed arrest warrant was issued on July 8, 2005.
The warrant was later amended and unsealed on October 13, 2005.
Kony faces 12 counts of crimes against humanity, including murder, enslavement, and sexual violence, and 21 counts of war crimes, such as cruel treatment, pillaging, and the forced enlistment of children.
These alleged crimes were committed in northern Uganda between 2003 and 2004.
