(The Hague) – Joseph Kony, the notorious Ugandan warlord who led the Lord’s Resistance Army (LRA), has been a fugitive for decades, wanted by the International Criminal Court (ICC) since 2005 for alleged war crimes and crimes against humanity. Despite this, Kony’s whereabouts remain unknown, and his case has now taken a controversial turn.
On Thursday, Kony’s court appointed lawyer, Peter Haynes, requested that the ICC suspend a planned hearing in absentia against his client. Haynes argued that proceeding without Kony’s physical presence in court would be a waste of resources and legally problematic. He urged the pre-trial judges to “vacate the proceedings until such time that Mr. Kony appears before the court” in person.
Haynes supported his request by referencing a 2015 statement from ICC trial prosecutors who expressed concerns that a trial without Kony’s presence could become an “enormous expense of time, money, effort for no benefit at all.” He emphasized that, under the ICC Statute, a hearing in absentia should only occur after a suspect has made an initial appearance in court, which Kony has never done. Therefore, Haynes argued, holding the hearing without Kony would be “legally impermissible.”
Adding to the complexity of the case, Haynes questioned whether Kony is even still alive. There have been numerous reports over the years suggesting that the warlord might have died, although these claims have never been confirmed. If Kony is eventually found, Haynes contended that he should be tried in a Ugandan court, rather than by the ICC.
Haynes pointed to the recent conviction of another former LRA commander, Thomas Kwoyelo, by a Kampala court as evidence that Uganda is capable of handling such cases. Earlier this month, Kwoyelo was found guilty of 44 offenses, including murder, rape, torture, pillaging, and abduction, for his role in the LRA. This, according to Haynes, demonstrates the ability of Ugandan courts to try international crimes effectively.
Kony, who is now 62, founded the LRA in the 1980s with the aim of establishing a regime based on the Ten Commandments. His rebellion against Ugandan President Yoweri Museveni soon spread to neighboring countries, including the Central African Republic, the Democratic Republic of Congo, and Sudan. The LRA’s reign of terror over these regions resulted in more than 100,000 deaths and the abduction of 60,000 children, who were forced into roles as sex slaves, soldiers, and porters.
Despite the ICC’s decision in March to proceed with the confirmation hearings in Kony’s absence, the case remains fraught with legal and practical challenges. The debate over whether to proceed without Kony’s physical presence raises critical questions about the effectiveness and fairness of international justice, especially when dealing with high-profile fugitives whose status remains uncertain.
This latest development in Kony’s long running evasion of justice continues to draw attention to the complexities of prosecuting individuals accused of heinous crimes on an international stage. The ICC must now consider whether to heed Haynes’ call to pause the proceedings or push forward in the face of these legal and logistical hurdles.
