The International Criminal Court (ICC) has concluded a crucial hearing to determine whether Joseph Kony, the elusive leader of the Lord’s Resistance Army (LRA), should be committed to stand trial for war crimes and crimes against humanity.
The confirmation of charges hearing, held over two days (September 9–10), was conducted in Kony’s absence, as he remains a fugitive from international justice. His interests were represented by Defence Counsel Peter Haynes, KC.
The hearing took place before Pre-Trial Chamber III, made up of Presiding Judge Althea Violet Alexis-Windsor, Judge Iulia Motoc, and Judge Haykel Ben Mahfoudh.
During the session, the Prosecution, Defence, and Legal Representatives of the Victims were each allowed to present their arguments and final observations.
The court will now decide whether there is enough evidence to proceed with a full trial. The judges are expected to deliver their written decision within 60 days, as required by the ICC’s rules.
The Chamber can:
Confirm the charges and commit Kony to trial
Decline the charges if the evidence is weak
Or request further investigations or amendments to the charges
Although this is a key step forward, Joseph Kony cannot be tried until he is physically present before the court. The Rome Statute, which governs the ICC, does not allow trials in absentia (without the accused being present).
Kony has been on the run for nearly 20 years, despite international efforts to capture him. He is one of the world’s most wanted warlords, with an active ICC arrest warrant issued in 2005.
Kony is accused of committing atrocities during the LRA’s insurgency, which affected northern Uganda, South Sudan, the Central African Republic, and the Democratic Republic of Congo.
The charges include:
Murder
Rape
Sexual slavery
Forced enlistment of children
Cruel treatment
Attacks against civilians
The LRA is notorious for abducting tens of thousands of children, forcing them to become child soldiers or sex slaves, and committing mass killings in villages across central Africa.
Even if the judges confirm the charges, the trial cannot begin until Kony is arrested and handed over to the ICC. The court has repeatedly called on member states and the international community to help track him down.
Neither the Prosecution nor the Defence can appeal the decision directly, but they may ask the Chamber for permission to appeal under certain legal conditions.
This is the latest development in a long legal battle to hold LRA leaders accountable.
In a related case, Dominic Ongwen, a former LRA commander who surrendered, was convicted and sentenced to 25 years in prison in 2021.
His conviction was upheld in 2022, marking one of the most significant ICC rulings involving the LRA.
