Background on Joseph Kony’s ICC Case
THE HAGUE – Joseph Kony, the commander of the Lord’s Resistance Army (LRA), has been assigned a British lawyer to handle his case at the International Criminal Court (ICC). The confirmation of charges proceedings will begin on October 15, 2024, in The Hague, Netherlands.
On Monday, June 24, 2024, the ICC appointed Peter Haynes to represent Kony. This appointment is crucial as the proceedings will continue in Kony’s absence if he does not appear in court.
Charges Against Kony
Kony faces numerous serious charges, including murder, cruel treatment, enslavement, rape, and attacks on civilians in Northern Uganda. These charges stem from a prolonged rebellion led by Kony against President Yoweri Museveni’s government, which caused the displacement of over one million people and the deaths of hundreds of thousands over two decades.
ICC Proceedings and Confirmation of Charges
On March 4, 2024, Pre-Trial Chamber II, led by judges Rosario Aitala, Akane Tomoko, and Sergio Gerardo, issued a directive to proceed with the case following a request from ICC chief prosecutor Karim Khan. In November 2023, the prosecution had requested a hearing to confirm 36 charges against Kony in his absence, citing Article 61(2)(b) of the Rome Statute, which applies when a suspect cannot be found.
The confirmation of charges hearing aims to establish whether there is enough evidence to believe that Kony committed the alleged crimes. This pre-trial phase ensures that only those with substantial and compelling charges face trial, protecting suspects from wrongful charges.
Timeline and Outreach Efforts
After the confirmation hearing, the Pre-Trial Chamber is expected to deliver its written decision within 60 days. If the charges are confirmed, Kony will be required to appear before the ICC, as trials in absentia are not permitted under the Rome Statute.
Judicial and Outreach Actions
Several key actions have taken place leading up to the hearing. On December 18, 2023, the court chamber received a proposed plan for outreach activities and notification efforts from the registry. By January 19, 2024, the prosecution had submitted the document containing the charges. Shortly after, on January 26, 2024, the chamber ordered the registry to begin notification efforts and related outreach activities. A report on these efforts was received on February 23, 2024.
Judge Salvatore noted that outreach efforts included radio campaigns in the Central African Republic, broadcasting in French and Sango to reach approximately six million people. Additionally, local leaders and communities in Acholi, Lango, West Nile, Southern Sudan, and the Democratic Republic of Congo were informed about Kony’s charges and encouraged to support his capture and surrender.
Court’s Decision on Kony’s Representation
The judges concluded that the registry had made sufficient efforts to inform Kony of the charges against him. With Kony not responding, the court decided that his case would proceed in his absence. Consequently, the judges ordered the appointment of lawyers to represent Kony’s interests and prepare for the hearing.
The prosecution has been asked to submit documentary evidence and other related files for the confirmation of charges hearing.
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