The Appeals Judges at the International Criminal Court (ICC) have cleared the way for the trial in absentia of former Lord’s Resistance Army (LRA) commander Joseph Kony.
The Appeals Chamber, composed of Presiding Judge Erdenebalsuren Damdin and Judges Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze, delivered the judgment in an open court hearing.
“The Appeals Chamber confirmed Pre-Trial Chamber III’s decision that the ICC Rome Statute allows for the confirmation of charges hearing to proceed in absentia, without requiring a suspect’s prior initial appearance, in circumstances where the suspect cannot be located,” the ICC ruled.
The Chamber found that this interpretation aligns with the object and purpose of the Rome Statute and does not violate the rights of the defence. It emphasized that the Statute provides sufficiently robust safeguards to ensure a fair trial, even in the absence of an initial appearance by the suspect. The Chamber unanimously upheld the Pre-Trial Chamber’s decision.
A warrant of arrest for Joseph Kony was issued under seal on July 8, 2005, amended on September 27, 2005, and unsealed on October 13, 2005.
Kony is suspected of 12 counts of crimes against humanity—including murder, enslavement, sexual enslavement, rape, and inhumane acts causing serious bodily injury and suffering—and 21 counts of war crimes, including murder, cruel treatment of civilians, intentionally attacking civilian populations, pillaging, inducing rape, and the forced enlistment of children. These crimes are alleged to have been committed in northern Uganda in 2003 and 2004.
On December 12, 2024, the ICC scheduled the confirmation of charges hearing to begin on September 9, 2025, in the absence of the suspect.
