The International Criminal Court (ICC) has formally approved the continuation of proceedings against Joseph Kony, the elusive leader of Uganda’s Lord’s Resistance Army (LRA), marking a pivotal moment as the tribunal prepares for its first-ever hearing conducted in absentia.
On Tuesday, the appeals chamber in The Hague authorized the next phase in the case, allowing prosecutors to move forward with a confirmation of charges hearing scheduled for September. During this hearing, the prosecution will present evidence to substantiate multiple allegations of war crimes and crimes against humanity against Kony, whose location remains unknown.
Kony stands accused of a wide array of atrocities, including murder, sexual enslavement, and rape, stemming from his leadership of the LRA, a rebel group responsible for decades of violence across Uganda and neighboring countries.
Although ICC regulations prohibit conducting full trials without the presence of the accused, certain procedural steps, such as confirmation hearings, are permissible under specific conditions when a suspect is not in custody.
Court-appointed counsel for Kony raised objections, asserting that continuing the process in his absence would compromise his right to a fair trial. However, Judge Erdenebalsuren Damdin ruled that the ICC has put in place “adequately robust safeguards” to ensure the rights of the accused are protected, even in absentia proceedings.
The court’s decision has broader implications, particularly as it tests the feasibility of continuing cases involving high-profile fugitives. However, experts caution against generalizing the precedent. Luigi Prosperi, an international criminal law scholar at the University of Utrecht, noted that the ruling is specific to unique cases such as Kony’s. “Kony is a very peculiar situation,” he told The Associated Press.
Kony rose to global notoriety in 2012 when a viral video campaign highlighted his alleged crimes. Despite intensified global efforts to capture him, he has evaded justice for decades.
The LRA, under Kony’s command, launched a violent insurgency in Uganda during the 1980s before expanding its operations into Congo, Central African Republic, and South Sudan. The group is infamous for widespread atrocities, including the use of child soldiers, mutilation of civilians, and enslavement of women.
The ICC previously convicted Dominic Ongwen, a former child soldier turned LRA commander, in 2021. Ongwen was found guilty of multiple war crimes and crimes against humanity, including murder and forced marriages, underscoring the severity of the LRA’s legacy.
