Joseph Kony. /ICCThe International Criminal Court (ICC) Appeals Chamber has upheld a decision allowing the confirmation of charges hearing in the case against Joseph Kony to proceed in absentia.
The hearing is scheduled to begin on September 9, 2025, without the presence of the suspect.
Joseph Kony, the long-sought leader of the Lord’s Resistance Army, is the subject of an ICC arrest warrant issued under seal on July 8, 2005.
The warrant was amended on September 2005 and unsealed on October 13, 2005.
He is charged with 36 counts of war crimes and crimes against humanity, including murder, enslavement, rape, sexual enslavement, forced enlistment of children, and other atrocities allegedly committed betweenJuly 1, 2002, and December 31, 2005 in northern Uganda.
The case originally involved Raska Lukwiya, Okot Odhiambo, and Vincent Otti, but proceedings against them were terminated following their deaths.
Tuesday's ruling follows an appeal by Kony’s Defence against the October 29, 2024 decision by Pre-Trial Chamber III.
That decision had held that a confirmation of charges hearing could proceed without the suspect’s prior appearance, provided he “cannot be found”.
In a judgment delivered in open court, the Appeals Chamber—composed of Judges Erdenebalsuren Damdin (Presiding), Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze—unanimously upheld the earlier decision.
Judge Damdin, reading a summary of the judgment, stated that the Appeals Chamber found the interpretation of the ICC Rome Statute to be consistent with its object and purpose.
“The statute provides adequately robust safeguards to protect the suspect’s fair trial rights even in cases where such an initial appearance has not taken place,” the Chamber found.
The decision clears the way for the ICC to move forward with charges against Kony despite his continued evasion of arrest.
This is despite the United States offering a reward of up to $5 million (Sh645m) for information leading to his arrest, transfer, or conviction.
The reward remains active, and individuals with information that could lead to Kony's arrest are encouraged to contact the U.S. Department of State's Rewards for Justice Programme.
