Joseph Kony/Screengrab
The International Criminal Court has concluded the confirmation of charges hearing in the case against fugitive Lord’s Resistance Army leader Joseph Kony.
The proceedings, which ran from September, 9 to September, 10, 2025, were held before Pre-Trial Chamber III, composed of Presiding Judge Althea Violet Alexis-Windsor, Judge Iulia Motoc and Judge Haykel Ben Mahfoudh.
Although Kony remains at large, he was represented during the hearings by Defence Counsel Peter Haynes, KC.
“The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged,” the court said.
If judges decide there is enough evidence, the case will proceed.
“If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.”
During the two-day session, the Chamber heard opening statements, submissions on the merits, and final observations from the Prosecution, the Defence, and Legal Representatives of the Victims.
“The judges will now start their deliberations,” the ICC noted. A ruling is expected within two months.
“In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends,” the statement said.
The court outlined three possible outcomes: The Pre-Trial Chamber may confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber.
The Pre-Trial Chamber can also decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings… [or] adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge.
However, the court was clear that any eventual trial cannot proceed without Kony’s presence.
“In this case a trial would still require Mr Kony to be present before the ICC as there is no trial in absentia according to the ICC Rome Statute,” it stressed.
On the question of appeals, the court said the Defence and the Prosecutor cannot directly appeal the decision.
However, they can request authorisation from the Pre-Trial Chamber to appeal it.
Kony has been the subject of an ICC arrest warrant since July, 8, 2005.
The warrant, initially issued under seal, was amended on September, 27, 2005, and later unsealed on October, 13, 2005.
He is accused of a long list of crimes including crimes against humanity, which comprise murder, attempted murder, enslavement, forced marriage, rape, torture, severe abuse and mistreatment, forced pregnancy, and persecution.
He is also suspected of war crimes, including murder, attempted murder, torture, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, destroying the enemy’s property, rape, sexual slavery, forced pregnancy, conscription of children and the use [of] children to participate actively in hostilities.
Kony is alleged to have committed the crimes in 2003 and 2004 in northern Uganda.
On December, 12, 2024, ICC Pre-Trial Chamber III scheduled the confirmation hearing to commence in Kony’s absence, and on June, 3, 2025, the Appeals Chamber upheld the decision, setting the stage for this week’s proceedings.
Despite years of international and regional efforts, Kony remains at large.
The ICC has reiterated calls for his arrest, warning that accountability for the victims of the LRA’s atrocities depends on his eventual surrender to The Hague.
