Justice must not be delayed: ICC holds hearing in absentia against Joseph Kony

Joseph Kony, the ICC's longest-standing fugitive and alleged Commander-in-Chief of the LRA, has been at large since 2005. He faces 39 counts of war crimes and crimes against humanity allegedly committed at least between 1 July 2002 and 31 December 2005 in Northern Uganda. These include alleged attacks against civilians notably murder, torture, enslavement, persecution on political, gender and age grounds, and a series of gender-based crimes such as rape, sexual slavery, forced pregnancy, and forced marriage. The charges also include crimes against children, notably abduction, conscription, and their use in hostilities. 

The role of the confirmation of charges hearing 

Photo credit © ICC-CPI. The confirmation hearing in the case The Prosecutor v. Joseph Kony opened on 09 September 2025 at 9:30 (The Hague local time) before Pre-Trial Chamber III of the International Criminal Court (ICC). Pre-Trial Chamber III is composed of Judge Althea Violet Alexis-Windsor (Presiding Judge), Judge Iulia Motoc and Judge Haykel Ben Mahfoudh. 

The Rome Statute allows for in absentia confirmation of charges proceedings in the case that the suspect has fled or cannot be found despite all reasonable steps having been taken to secure his or her appearance. Joseph Kony has evaded arrest for nearly two decades, despite the ICC arrest warrant, an Interpol-UN Security Council notice, and international efforts. In June 2025, the Appeals Chamber confirmed that a confirmation of charges hearing could proceed in his absence, provided that key safeguards were in place: appointment of defence counsel, access to case materials, and sufficient preparation time. 

The confirmation of charges hearing is a critical step in ICC proceedings during which the Pre-Trial Chamber decides whether or not to confirm all or any of the charges brought against a suspect. Within 60 days, the Pre-Trial Chamber will issue a decision: 

• Confirming charges in full or in part, committing the suspect to trial before a Trial Chamber; 

• Declining to confirm charges where there is insufficient evidence, thereby stopping the proceedings against Mr Kony; or 

• Requesting the Prosecution to provide further evidence, to conduct further investigations or to amend any charge if the evidence suggests a different crime was committed. 

However, while this stage may proceed in the absence of the accused, a trial can only happen once Mr Kony is physically present before the Court as the Rome Statute does not allow trials to take place without the accused. 

Victims’ voices at the heart of proceedings  

Civil society organisations in Uganda have shared their frustrations about the limited impact of the hearing given the fact that Kony remains at large: “To many victims of LRA war in northern Uganda, confirmation of charges against Joseph Kony in his absentia is seen like a mock-trial by the ICC. Knowing that nothing else will happen after this confirmation of charges, because Kony is not even arrested, seems like fictional setting or murder mystery game. Victims are wondering if confirmation of charges of Kony in absentia, after over 20 years was even worth the long wait. They are asking what if Kony is never arrested?”, Victor Ochen, Executive Director of the African Youth Initiative Network (AYINET), a Ugandan NGO providing support to survivors and communities affected by war and displacement and leading advocacy efforts for transitional justice in Uganda. 

“The recent confirmation of charges against Joseph Kony by the ICC marks a significant step forward in the pursuit of justice for victims of the Lord’s Resistance Army. While Joseph Kony remains at large, the in-absentia confirmation hearing is a historic event that can be leveraged to create public awareness, especially for many people outside of northern Uganda, who may not be aware of the details or importance of the ICC's actions. The confirmation of charges also provides a renewed opportunity to push for reparations for victims. [...] Above all the confirmation of charges underscores the need for Kony to be apprehended and brought to trial. Advocacy campaigns can call on the governments of Uganda and other states where Kony may be operating to redouble their efforts to locate and arrest him”, highlights Samuel Kayiwa, Human Rights and Civic Space Officer at Students for Global Democracy in Uganda.  

The confirmation of charges hearing in absentia “allows the case to advance despite Kony’s fugitive status and shows that victims’ right to justice will not be indefinitely blocked,” states the International Federation for Human Rights (FIDH). For victims, this hearing is particularly significant. A total of 5,795 victims have been authorised to participate in the proceedings, represented by their common legal representatives, making their voices central to the process. Survivors have consistently underscored the importance of justice in this case for reconciliation and lasting peace in northern Uganda.  

During the hearing, the Common Legal Representative of the Victims (CLRV) quoted victims of LRA crimes:  

• “I was abducted at about 11 years old, I had to become a wife to one of the commanders." 

• "The rebels shot at me, forcing me to throw my baby down to run for my life. I still do not know where my child is." 

"This is what the charge of attacks means, when stripped of their legal terminology”, explained the CLRV.  

Danya Chaikel, FIDH’s Representative to the ICC, highlights how: "Proceeding with this hearing, even in Kony’s absence, matters deeply to survivors. For many women, girls, and boys who endured abduction, rape, enslavement and forced marriage and pregnancy, it is not only about recognising their suffering but about ensuring these crimes are taken seriously as core international crimes, confronted without stigma, and addressed through accountability processes." 

Background to the case 

Uganda was the first State Party to self-refer a situation to the ICC, inviting the Prosecutor in January 2004 to investigate alleged war crimes and crimes against humanity in the context of the conflict in northern Uganda. In 2005, ICC judges issued arrest warrants for five senior LRA leaders: Joseph Kony, Vincent Otti, Dominic Ongwen, Okot Odhiambo, and Raska Lukwiya. Judges found reasonable grounds to believe that the LRA established a pattern of brutalising civilian populations, including attacks on schools and internally displaced persons camps.  

The case against Joseph Kony is the last active ICC case concerning the LRA. Previous cases against senior commanders Dominic Ongwen, Okot Odhiambo, Raska Lukwiya, and Vincent Otti have either concluded or been terminated due to the suspects’ deaths. Ongwen was surrendered to the Court in 2015, tried, convicted, and sentenced to 25 years of imprisonment.  

Justice delayed is justice denied: Cooperating with the ICC for the arrest and surrender of Joseph Kony 

Nearly twenty years after the ICC first issued an arrest warrant for Joseph Kony, he remains at large. His continued evasion of justice underscores the urgent need for States Parties and the wider international community to take decisive action. The confirmation of charges hearing has shown that proceedings can move forward, but without Kony’s arrest and transfer to The Hague, a trial cannot begin. 

The Coalition for the International Criminal Court calls for: 

• Renewed political will to arrest and surrender Joseph Kony. States must honour their binding obligations under the Rome Statute, actively support arrest operations, and ensure Kony’s transfer to the ICC without further delay. 

• Stronger international cooperation. Governments should provide full assistance to the ICC, including documentation, intelligence-sharing, and diplomatic engagement to secure cooperation by states that may be in a position to apprehend Kony. 

• Implementation of cooperation frameworks. This includes executing all ICC arrest warrants, harmonising national legislation with the Rome Statute, ratifying and implementing the Agreement on Privileges and Immunities of the ICC (APIC), and signing voluntary cooperation agreements. 

• Justice centred on victims and survivors. Justice efforts must be shaped by the voices and needs of the communities most affected by the LRA’s crimes. This includes ensuring victims’ meaningful participation in proceedings, expanding access to reparations and psychosocial support, and protecting witnesses from retaliation and trauma. “The strength of the ICC's success is because they early-on partnered with local organisations, who remain at the centre of victims' trust. There is need to articulate the risks that come with the growing dissatisfactions from the victims towards the ICC. The current situation of despair of many victims leaves us with no choice, except to demand that we nurture the tradition of doing it right and doing for the people,” said Victor Ochen, Executive Director of the African Youth Initiative Network (AYINET). 

• Integration of formal and traditional justice mechanisms. Advocacy and accountability efforts should reflect the importance of combining international mechanisms with local approaches to justice, truth, reconciliation, and healing. “Advocacy efforts also need to emphasize that formal justice processes, like the ICC trial, must go hand-in-hand with local and traditional mechanisms for reconciliation and healing. This can help prevent further divisions within communities that were impacted by the conflict,” said Samuel Kayiwa, Human Rights & Civic Space Officer at Students for Global Democracy in Uganda. 

As a global network of civil society organisations in 150 countries advocating for a fair, effective, and independent ICC, the Coalition stresses that Joseph Kony’s arrest and subsequent transfer to the international court is not only a legal obligation for member states but also a moral imperative. 

For thousands of victims and survivors, justice has already been delayed for too long. States must act now to ensure that justice is not denied. 

Photo credit © ICC-CPI