ICC holds historic hearing in absentia for fugitive Ugandan warlord Joseph Kony

The International Criminal Court (ICC) has concluded the confirmation of charges hearing for fugitive Lord’s Resistance Army (LRA) leader Joseph Kony, marking the first time such a session has been held without the suspect present.

Kony’s lawyer, Peter Haynes, KC, urged the judges to halt the proceedings, arguing that his client could not challenge the evidence presented against him in absentia.

The two-day hearing, held on September 9–10, 2025, took place 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 by Haynes, who described his role as a “paradoxical mandate” since he could not receive instructions directly from his client.

“Looking at the bigger picture, compromising the rights of suspects through issuing confirmation of charges decisions without any participation of those suspects should not be the future of ICC proceedings,” Haynes said, as quoted by AFP.

He called for a “conditional stay of proceedings” that could be lifted if Kony were ever arrested. “Doing so would only give fuel to the fire of its detractors, who wish to portray this institution as illegitimate,” he added.

Kony’s arrest likelihood

Haynes also questioned the likelihood of Kony’s arrest, asking: “Seriously? Who does the deputy prosecutor think will arrest Joseph Kony? And where does he think he might be arrested? In Uganda? By the Ugandan authorities? Well, if that happens, he ain’t coming here.”

The ICC explained that confirmation hearings are meant to assess whether sufficient evidence exists to establish substantial grounds to believe the suspect committed the alleged crimes.

“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,” the court said.

However, it emphasised that no trial can take place without Kony.

“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 noted.

Opening statements

During the hearing, judges heard opening statements, arguments on the merits, and final observations from the prosecution, the defence, and legal representatives of the victims. The court confirmed that deliberations were underway, with a decision expected within 60 days.

“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 ICC said.

The chamber outlined three possible outcomes: confirm the charges and commit Kony to trial, reject the charges and end proceedings, or adjourn to request further evidence, order additional investigations, or amend charges.

Other Topics To Read

• Uganda
• ICC
• Lord's Resistance Army
• International Criminal Court
• Joseph Kony
• LRA
• LRA atrocities
• ICC Rome Statute
• northern Uganda
• ICC holds historic hearing in absentia for fugitive Ugandan warlord Joseph Kony
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Kony has been wanted by the ICC since July 8, 2005, on 39 counts of war crimes and crimes against humanity, including murder, attempted murder, enslavement, forced marriage, rape, torture, sexual slavery, forced pregnancy, and persecution. These crimes are alleged to have been committed in northern Uganda between 2003 and 2005.

The ICC has repeatedly called for his arrest, stressing that justice for victims of the LRA’s atrocities depends on Kony’s eventual surrender to The Hague.

This landmark case comes amid mounting scrutiny of the ICC, with critics questioning its legitimacy in pursuing cases where suspects are unable to participate.