The Hague – Joseph Kony, a Ugandan national born in September 1961, is a member of the Acholi ethnic group.
Kony is recognized as the alleged founder and leader of the Lord’s Resistance Army (LRA), a rebel group that surfaced in northern Uganda in 1987, particularly within the Acholi community.
Is Kony in ICC custody?
No, Kony is still at large, almost twenty years after the issuance of an arrest warrant against him.
The International Criminal Court (ICC) has been seeking the assistance of national authorities since it issued an arrest warrant in 2005 to capture Kony and bring him to trial.
What charges are brought against Kony?
Joseph Kony faces 36 charges related to war crimes and crimes against humanity, reportedly committed between July 1, 2002, and December 31, 2005, in northern Uganda.
The charges include working with LRA members to undertake actions such as:
Deliberately attacking civilians; killing them or attempting to do so; torturing and inhumanely treating civilians; enslaving kidnapped individuals; vandalizing property; and discriminating against individuals based on political ideology, age, and gender (counts 1-14).
These crimes are alleged to have occurred during assaults on the Lwala Girls School on June 24, 2003, and further attacks on internally displaced persons’ (IDP) camps, including: (i) Pajule IDP camp on or around October 10, 2003; (ii) Abia IDP camp on or around February 4, 2004; (iii) Barlonyo IDP camp on or around February 21, 2004; (iv) Odek IDP camp on or about April 29, 2004; (v) Pagak IDP camp on or around May 16, 2004; (vi) Lukondi IDP camp on or around May 19, 2004; and (vii) Abok IDP camp on or around June 8, 2004.
The Prosecution further alleges that Kony engaged in similar behavior towards numerous women and children, forcibly integrating them into the LRA between July 1, 2002, and December 31, 2005, including: enslaving women and children; subjecting women and girls to sexual slavery; coercing women into marriage; raping women and girls; imposing forced pregnancies; and torturing or severely maltreating women and children.
This conduct also represents persecution based on gender and age.
Moreover, the Prosecution claims Kony forcefully recruited children into the LRA and utilized them in conflicts (counts 15-29).
In addition, Kony faces charges for allegedly committing crimes of enslavement, forced marriage, torture, and sexual slavery involving a young woman between July 2003 and September 2004 in northern Uganda and/or Sudan (counts 30-36).
The Prosecution’s Document Containing the Charges against Kony is available in English (https://apo-opa.co/3WpnVvL) and Acholi (https://apo-opa.co/3Ceep7W) on the International Criminal Court’s site www.ICC-CPI.int.
What is the latest development in the ICC regarding the Kony case?
On December 12, 2024, ICC judges scheduled the hearing for the confirmation of charges to begin on September 9, 2025, in Kony’s absence.
This timeline was set to allow adequate time for: (i) the Prosecution to follow various directives related to evidence disclosure and the re-submission of the document containing the charges; and (ii) the Defence to prepare effectively for the confirmation hearing.
On March 4, 2024, ICC judges had announced their decision on the Prosecutor’s request (https://apo-opa.co/40jWQeH) to conduct a confirmation of charges hearing regarding Kony in his absence if he fails to appear, scheduling that hearing for October 15, 2024.
On September 12, 2024, Pre-Trial Chamber III deferred (https://apo-opa.co/4g5g3Xt) the confirmation hearing, after considering the perspectives of the Defence, Prosecution, and Office of the Public Counsel for Victims.
On October 29, 2024, Pre-Trial Chamber III ruled (https://apo-opa.co/42dGdUA) that all conditions for proceeding with a confirmation of charges hearing in Kony’s absence were met.
The Chamber also directed the Registry to complete notification and outreach efforts regarding the new confirmation hearing date within 30 days from January 6, 2025, and to report back to the Chamber no later than February 14, 2025.
What justification did the ICC judges provide for holding a confirmation of charges hearing in Kony’s absence?
The Rome Statute, which governs the ICC, allows hearings for confirmation of charges to be conducted in a suspect’s absence under specific conditions. In this case, the judges concluded that:
- Kony is a person who ‘cannot be found’;
- All reasonable attempts to secure his presence and inform him of the charges and the hearing date were made;
- There is a valid reason to proceed with the hearing in his absence.
If the charges are confirmed, the trial will still require the accused to be present before the Trial Chamber.
Proceedings in absentia can expedite actions against a missing suspect, but the Chamber previously noted that such measures are reserved for exceptional cases.
What is a confirmation of charges hearing?
The confirmation of charges hearing is NOT A TRIAL.
It functions as a public preliminary assessment where judges determine whether to confirm any or all charges brought by the Prosecutor against Kony.
If any charges are confirmed, the case may proceed to trial before other ICC judges, but only with the accused present.
Typically, Judges will hear arguments, starting with the Prosecution, then followed by the Legal Representatives of the Victims and the Defence.
The hearing is set to begin on September 9, 2025, typically lasting several days.
As the hearing date approaches, the Judges will issue an order detailing the hearing’s conduct, its expected duration, and whether witnesses will appear in person or via video link.
What decisions can the ICC Chamber make following the confirmation hearing?
After the conclusion of the confirmation of charges hearing, the Pre-Trial Chamber will deliver a written decision within 60 days. The judges may:
- Confirm some or all charges against Kony, necessitating Kony’s presence for the trial since there is no trial in absentia under the ICC Rome Statute;
- Deny all charges and terminate proceedings against Kony (if the judges find the evidence insufficient for a trial); or,
- Postpone the hearing, instructing the Prosecutor to provide further evidence, perform additional investigations, or amend any charge based on new evidence.
If Kony’s attorneys or the ICC Prosecutor choose to dispute the Pre-Trial Chamber’s decision and wish to appeal, they must seek permission from the Chamber.
If approved, the appeal will be decided by a different panel – the Appeals Chamber, consisting of five other judges.
How will Kony be defended before the ICC, and who will fund his defense?
Every ICC suspect, including Kony, is presumed innocent until proven guilty and has the right to legal counsel when appearing before the Court.
If the suspect is absent from court, judges can appoint a lawyer to represent him.
In Kony’s case, the Pre-Trial Chamber III appointed (https://apo-opa.co/4ji5VNM) Peter Haynes, an experienced defense lawyer, to protect his rights and interests during the confirmation of charges proceedings in his absence.
Haynes was officially assigned (https://apo-opa.co/3CdnWMs) as Kony’s counsel on June 21, 2024.
This appointment followed a public request for expressions of interest (https://apo-opa.co/40kQw6P), an assessment of applicants by a panel, and a final recommendation (https://apo-opa.co/4jmbbQr) from the ICC Registry compiled in a report (https://apo-opa.co/4jkrMEg) submitted to ICC judges.
On August 27, 2024, Kate Gibson was appointed as associate counsel for Kony.
If Kony is determined to be indigent, the Court will cover the expenses of his defense in accordance with its legal aid program.
What is the role of the defense during the confirmation of charges hearing?
Kony is a suspect in these proceedings and is presumed innocent until proven guilty according to applicable law.
The confirmation of charges hearing is not a trial.
It aims for the Pre-Trial Chamber to assess whether the Prosecutor has provided sufficient evidence to warrant a trial.
The judges may also dismiss the charges if warranted.
Throughout the confirmation hearing, the Defence will examine the evidence submitted by the Prosecutor and question Jurisdiction or admissibility issues.
The Prosecution must demonstrate to the Pre-Trial Chamber that there are substantial grounds to believe the charges against the defendant merit proceeding to trial.
If the charges are confirmed, the presumption of innocence remains intact, and the Prosecution must establish the accused’s guilt beyond a reasonable doubt for the Trial Chamber to determine guilt.
Otherwise, the judges would declare Kony innocent.
Where will the confirmation hearing take place: at ICC headquarters in The Hague or in Uganda?
Typically, trials are held at the Court’s location in The Hague unless the judges decide to conduct them elsewhere.
This topic has been deliberated in this case, with input from both the Prosecution (https://apo-opa.co/4jns2lS) and Defence (https://apo-opa.co/3PDG7xR) providing their perspectives. However, a determination on this matter has yet to be made by the Chamber.
What is the role of victims at the confirmation stage?
Victims may participate in the proceedings before the ICC, sharing their views and concerns at every procedural stage, including during the confirmation of charges hearing.
This engagement is facilitated through legal representatives appointed by the judges.
Victims may submit their opinions to the Chamber under specific conditions set by the judges.
Can victims participate in the confirmation of charges hearing in absentia?
Yes. In the Kony case, the Chamber has allowed victims to partake in the confirmation of charges hearing even in Kony’s absence.
The Chamber also outlined the procedure for victims to participate, including indirect victims such as family members of direct victims or those attempting to prevent crimes against them. They can apply to become involved if they suffered personal harm as a result of the alleged crimes.
How can victims apply for participation in the proceedings?
Victims in the Kony case who have not yet sought to partake in any ICC proceedings related to the Uganda situation can fill out an application form and submit it to the Victims Participation and Reparations Section.
Depending on individual circumstances, victims may choose between individual or group application forms.
Upon receipt, the VPRS will verify that all required form sections are complete and that all necessary documents are attached.
Furthermore, the VPRS will conduct a preliminary legal assessment to determine whether the claimed crime(s) and harm are within the scope of the Kony case.
Victims already engaged in the Ongwen proceedings who wish to participate in the Kony proceedings need not submit a new application; they simply need to notify their legal representative in the Ongwen case about their intentions, and any additional information will be communicated to the Kony proceedings.
Between 2007 and 2009, ICC judges permitted 41 victims to participate in the Kony et al. case, which initially encompassed multiple suspects, while the current case centers solely on Kony as described in the Document Containing the Charges (DCC).
Paolina Massidda, Principal Counsel, along with Sarah Pellet from the Office of Public Counsel for Victims (OPCV), represent these victims. To ensure uniform treatment, all applications will be evaluated according to the same criteria, as outlined in the updated DCC to be submitted by April 17, 2025.
Consequently, the applications of the 41 previous victims will be reassessed for compliance with the updated DCC’s guidelines, and they will not be required to submit new applications.
Who are the victims eligible to participate in the Kony case?
Individuals and indirect victims who have suffered harm due to Kony’s alleged crimes can apply for participation in the case.
The upcoming DCC will be revised by April 17, 2025, and will be used as a basis for assessing all applications related to the Kony case.
Based on the current DCC, direct victims include:
1. Individuals who experienced harm during the attacks on the seven IDP camps and the Lwala Girls School:
- Lwala Girls School – around June 24, 2003;
- Pajule and Lapul IDP Camp – around October 10, 2003;
- Abia IDP Camp – around February 4, 2004;
- Barlonyo IDP Camp – around February 21, 2004;
- Odek IDP Camp – around April 29, 2004;
- Pagak IDP Camp – around May 16, 2004;
- Lukodi IDP Camp – around May 19, 2004;
- Abok IDP Camp – around June 8, 2004.
2. Organizations or institutions that incurred direct property damage related to religious, educational, artistic, scientific, or humanitarian activities, or to their heritage sites, hospitals, and comparable properties during these attacks.
3. Children under 18 (including those under 15 and those born in captivity) who were abducted and integrated into the LRA in northern Uganda, covering the Acholi, Lango, and Teso regions, between July 1, 2002, and December 31, 2005.
4. Female victims abducted and integrated into the LRA in northern Uganda, including the Acholi, Lango, and Teso regions during the aforementioned period.
5. A female victim of crimes directly committed by Mr. Kony between July 2003 and September 2004 in northern Uganda and later in Sudan.
Indirect victims include:
Individuals claiming personal harm resulting from crimes against direct victims, which may include (1) family members of direct victims; (2) anyone who tried to prevent crimes; (3) individuals harmed while assisting direct victims; and (4) others who suffered personal harm due to the crimes.
The Registry is organizing a series of informational sessions in relevant regions of Uganda. If you are interested in this initiative or need help with the application process, please contact the VPRS via email at VPRS.Information@icc-cpi.int or by phone (or WhatsApp) at +256771406331 or +256772532830 (VPRS staff in the Uganda country office).
What is the role of the legal representatives of victims in the confirmation of charges hearing?
A legal counsel for victims serves as a lawyer advocating for the victims’ interests throughout the proceedings.
During the confirmation of charges hearing, only those legal representatives assigned by the judges are permitted to act on behalf of the victims and attend court to oversee the proceedings while conveying the victims’ views and concerns concerning the alleged charges and the evidence presented by both sides.
After discussions with victims, these representatives can argue during the confirmation hearing on any factual or legal issues affecting the victims’ interests.
Who are the victims’ representatives at the confirmation of charges stage in the Kony case?
In the Kony case, the Chamber has designated Manoba, Cox, Bradfield, Massidda, and Pellet from the OPCV, forming a unified team to serve as common legal representatives for any admitted victims in this case.
Their role will commence once the judges have ruled to allow victims to participate in the Kony case proceedings subsequent to the new DCC submission.
In the meantime, the judges decided that the OPCV will represent the collective interests of potential victims.
Are victims of Kony’s alleged crimes entitled to seek reparations at the ICC?
Victims have the right to pursue reparations (alongside the right to participate in related proceedings) for any case within the ICC’s jurisdiction, including the Kony case, if they have suffered personal harm from the alleged crimes committed by the accused.
Reparations may only be granted after the charges against the suspect are confirmed and if the accused is found guilty following a trial – not merely following the conclusion of the confirmation of charges proceedings.
For the Kony case, the trial phase can only commence if the charges are confirmed and Mr. Kony is apprehended and presented in court. The trial cannot proceed until Mr. Kony is in custody.
Is Joseph Kony’s case linked to that of Dominic Ongwen?
No. On February 6, 2015, ICC judges separated the proceedings against Dominic Ongwen from the case of The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo, and Dominic Ongwen.
Since two of the suspects were confirmed deceased and the others remain fugitives, judges deemed it essential to split the case to prevent delays in the proceedings against Ongwen, who was already in custody.
As a result, these cases are treated as separate entities, each managed through distinct processes by different ICC judges.
The trial in the Ongwen case began on December 6, 2016, and concluded in March 2020 after closing statements were made by the parties involved.
On February 4, 2021, Trial Chamber IX found Ongwen guilty of a total of 61 crimes, including both crimes against humanity and war crimes, committed in Northern Uganda between July 1, 2002, and December 31, 2005.
On May 6, 2021, Trial Chamber IX sentenced Ongwen to 25 years in prison, and he was transferred to Norway to serve his sentence.
A phase focused on victim reparations in the Ongwen case is currently ongoing. Trial Chamber IX issued an Order on Reparations to victims on February 28, 2024.
