The Hague – Joseph Kony was born in September 1961 in Uganda, identified with the Acholi ethnic group, and holds Ugandan nationality.

He is recognized as the alleged founder and leader of the Lord’s Resistance Army (LRA), a rebel group that surfaced in 1987 in northern Uganda, particularly within the Acholi community.

Is Kony in ICC custody?

No, Kony continues to evade capture nearly twenty years after an arrest warrant was issued against him.

Since the International Criminal Court (ICC) issued an arrest warrant in 2005, it has consistently sought cooperation from national authorities to apprehend and transfer Kony to the Court.

What charges does Kony face?

Joseph Kony is charged with 36 counts of war crimes and crimes against humanity, which he is alleged to have committed between July 1, 2002, and December 31, 2005, in northern Uganda.

The allegations include collaborating with other LRA members to deliberately target civilians, commit murder, inflict torture or serious mistreatment, enslave captured individuals, steal and destroy property, and persecute individuals based on their political beliefs, age, and gender (counts 1-14).

These alleged crimes took place during LRA attacks on the Lwala Girls School around June 24, 2003, as well as subsequent assaults on internally displaced persons’ (IDP) camps: (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 also asserts that Kony committed similar offenses against many women and children who were reportedly forcibly integrated into the LRA from July 1, 2002, to December 31, 2005, including enslaving women and children, sexually enslaving girls, coercively marrying women, raping women and girls, forcing pregnancies, and torturing or severely mistreating women and children.

This behavior constitutes persecution based on gender and/or age.

Additionally, Kony is accused of forcibly recruiting children into the LRA and using them in combat (counts 15-29).

Lastly, Kony faces charges for personally 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) through the International Criminal Court’s website www.ICC-CPI.int.

What is the latest update on the ICC regarding the Kony case?

On December 12, 2024, ICC judges scheduled the confirmation of charges hearing to commence on September 9, 2025, in Kony’s absence.

This timeline was established to ensure sufficient time is allocated for: (i) the Prosecution to follow the directives issued in separate orders regarding evidence disclosure and resubmission of the document containing charges; and (ii) the Defence to adequately prepare for the confirmation hearing.

On March 4, 2024, ICC judges ruled on the Prosecutor’s request (https://apo-opa.co/40jWQeH) to proceed with a confirmation of charges hearing regarding Kony in his absence if he does not appear, scheduling it for October 15, 2024.

On September 12, 2024, Pre-Trial Chamber III postponed (https://apo-opa.co/4g5g3Xt) the confirmation hearing after considering the views 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 prerequisites for proceeding with a confirmation of charges hearing in Kony’s absence had been fulfilled.

The Chamber directed the Registry to finalize notification and outreach actions regarding the new confirmation hearing date within 30 days starting January 6, 2025, and to report back to the Chamber no later than February 14, 2025.

What rationale did the ICC judges give for holding a confirmation of charges hearing in Kony’s absence?

The Rome Statute, which establishes the ICC, allows for hearings on confirmation of charges in a suspect’s absence under specific conditions. Here, the judges determined that:

  1. Kony is a person who ‘cannot be found’;
  2. All reasonable efforts to secure his presence and inform him of the charges and confirmation hearing date have been pursued;
  3. There is a valid reason for conducting the hearing in his absence.

If the charges are confirmed, the trial can only proceed with the accused present before the Trial Chamber.

Proceedings in absentia can accelerate the case against a suspect who is untraceable; however, as noted by the Chamber, this process is intended for extraordinary situations.

What is a confirmation of charges hearing?

The confirmation of charges hearing is NOT A TRIAL.

It serves as a public preliminary hearing where judges assess and determine whether to confirm some or all of the charges presented by the Prosecutor against Kony.

If any charges are confirmed, the case may move forward to trial before a different set of ICC judges, but only with the accused present.

Typically, the judges will hear oral arguments, beginning with the Prosecution, followed by the Legal Representatives of the Victims, and then the Defence.

The hearing is set to start on September 9, 2025, and will typically span several days.

As the hearing date approaches, the Judges will issue an order detailing how the hearing will unfold, its expected length, and whether witnesses will appear in person or via video link.

What decisions can the ICC Chamber render following the confirmation hearing?

After the confirmation of charges hearing concludes, the Pre-Trial Chamber will provide a written decision within 60 days. The judges may:

  • Confirm all or some of the charges against Kony, after which the trial would still require Kony’s presence as 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, ordering the Prosecutor to provide additional evidence, conduct further investigations, or amend any charge based on different evidence than originally presented.

If Kony’s lawyers or the ICC Prosecutor contest the Pre-Trial Chamber’s decision and seek to appeal, they must request permission from the Chamber.

If granted, the appeal will be evaluated by a different Chamber – the Appeals Chamber, comprised of five other judges.

How will Kony’s defense be handled before the ICC, and who will finance it?

Every ICC suspect, including Kony, is presumed innocent until proven guilty and has the right to legal representation during Court proceedings.

If a suspect does not attend the Court, judges can appoint a lawyer to represent them.

For Kony, Pre-Trial Chamber III designated (https://apo-opa.co/4ji5VNM) Peter Haynes, a qualified defense attorney, as Kony’s counsel to protect his rights and interests during the confirmation process in his absence.

Haynes was formally appointed (https://apo-opa.co/3CdnWMs) as Kony’s counsel on June 21, 2024.

This appointment followed a public call for expressions of interest (https://apo-opa.co/40kQw6P), evaluation of applicants by a panel, and a final recommendation (https://apo-opa.co/4jmbbQr) from the ICC Registry in a report (https://apo-opa.co/4jkrMEg) to ICC judges.

On August 27, 2024, Kate Gibson was also designated as associate counsel for Kony.

If Kony is determined to be without means, the Court will fund his defense in accordance with its legal aid policy.

What role does the defense play in the confirmation of charges hearing?

Kony is a suspect in the proceedings and holds the presumption of innocence until proven guilty per applicable law.

The confirmation of charges hearing is not a trial.

Its goal is for the Pre-Trial Chamber to verify if the Prosecutor has provided enough evidence for a trial.

The judges may also dismiss the charges.

During the confirmation hearing, the Defence will analyze the evidence presented by the Prosecutor and challenge any jurisdiction or admissibility issues.

The Prosecution must convince the Pre-Trial Chamber that there are substantial grounds to believe the charges against the defendant merit moving forward to trial.

If the charges are confirmed, the presumption of innocence remains, and the Prosecution must prove 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?

Trials are generally held at the Court’s headquarters in The Hague unless judges decide to conduct them elsewhere.

This issue has been contemplated in this case, with input from both the Prosecution (https://apo-opa.co/4jns2lS) and Defence (https://apo-opa.co/3PDG7xR) providing feedback. However, the Chamber has yet to make a decision on this matter.

What is the role of victims during the confirmation stage?

Victims can participate in the ICC proceedings, expressing their views and concerns at all procedural stages, including during the confirmation of charges hearing.

This involvement occurs through legal representatives appointed by the judges.

Victims may submit statements to the Chamber under certain conditions determined by the judges.

Can victims participate in the confirmation of charges in absentia hearing?

Yes. In the Kony case, the Chamber has permitted victims to take part in the confirmation of charges hearing during Kony’s absence.

The Chamber also clarified the participation process for victims, including indirect victims such as family members of direct victims or individuals who attempted to avert the crimes against them. They can apply to participate if they suffered personal harm resulting from the alleged crimes.

How can victims apply to participate in the proceedings?

Victims in the Kony case who have not yet applied to participate 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 their situation, victims may choose between individual or group application forms.

Once applications are received, the VPRS will verify that all required sections of the forms are complete and that necessary documents are attached.

Additionally, the VPRS will conduct a preliminary legal assessment to determine whether the claimed crime(s) and damages fall within the Kony case scope.

Victims already involved in the Ongwen proceedings who also wish to engage in the Kony proceedings do not need to fill out a new application. They only need to inform their counsel in the Ongwen case of their intention, and any required information will be communicated to the Kony proceedings.

Between 2007 and 2009, ICC judges allowed 41 victims to participate in the Kony et al. case, which initially involved multiple suspects, whereas the current case focuses exclusively on Kony as detailed in the Document Containing the Charges (DCC).

Paolina Massidda, Principal Counsel, together with Sarah Pellet, Counsel from the Office of Public Counsel for Victims (OPCV), represent them. To ensure fairness, all applications will be assessed based on the same criteria, as defined in the updated DCC to be submitted by April 17, 2025.

As a result, the applications from the 41 previous victims will be reassessed to confirm compliance with the updated DCC’s criteria, 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 request participation in the case.

The forthcoming DCC will be revised by April 17, 2025, and will serve as the basis for evaluating all applications related to the Kony case.

Based on the current DCC, direct victims include:

1. Individuals who experienced harm due to crimes committed 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 dedicated to religious, educational, artistic, scientific, or humanitarian efforts, including their historical sites, hospitals, and similar facilities during the aforementioned 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, specifically in the Acholi, Lango, and Teso regions, between July 1, 2002, and December 31, 2005.

4. Female victims who were abducted and assimilated into the LRA in northern Uganda, including the Acholi, Lango, and Teso regions, during the stated period.

5. A female victim of crimes directly committed by Mr. Kony between July 2003 and September 2004 in northern Uganda and later Sudan.

Indirect victims include:

Individuals claiming personal harm resulting from crimes committed against a direct victim. This can include (1) family members of direct victims; (2) anyone who attempted to prevent crimes; (3) persons harmed while trying to assist direct victims; and (4) others who sustained personal harm due to the crimes.

The Registry is organizing a series of informational sessions in relevant areas in Uganda. If you are interested in this initiative or need assistance with the application process, please reach out to 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 during the confirmation of charges hearing?

A legal representative for victims is a lawyer representing the interests of victims during the proceedings.

During the confirmation of charges hearing, only the designated legal representatives appointed by the judges are authorized to represent victims and attend court to monitor proceedings and convey victims’ perspectives and concerns regarding the alleged charges and the evidence from both sides.

After consulting with victims, they can advocate during the confirmation hearing on any factual or legal issues impacting the victims’ interests.

Who are the victims’ representatives during the Kony case confirmation of charges stage?

In the Kony case, the Chamber has appointed Manoba, Cox, Bradfield, Massidda, and Pellet from the OPCV, forming a cohesive team to act as common legal representatives for any admitted victims in this case.

Their duties will begin once the judges have ruled on admitting victims to participate in the Kony case proceedings following the new DCC submission.

In the interim, the judges chose the OPCV to 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 seek reparations (as well as the right to partake in related proceedings) concerning any case under the ICC’s jurisdiction, including the Kony case if they experienced personal harm from the alleged crimes committed by the accused.

Reparations can only be granted after the charges against the suspect are confirmed and if the accused is convicted following a trial – not merely after the confirmation of charges proceedings are concluded.

In the Kony case, the trial phase can only begin if charges are confirmed and Mr. Kony is detained and brought to court. The trial cannot proceed unless 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.

Given that two of the suspects had been confirmed deceased and others remained fugitives, the judges deemed it necessary to separate the case to prevent delays in the proceedings against Ongwen, who was already in the Court’s custody.

As a result, these cases are now treated as separate entities, managed in distinct proceedings by various ICC judges.

The Ongwen trial commenced on December 6, 2016, and concluded in March 2020 after the parties and participants provided their closing statements.

On February 4, 2021, Trial Chamber IX found Ongwen guilty of 61 crimes, encompassing 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’ imprisonment, and he was transferred to Norway to serve his sentence.

A phase focused on victim reparations in the Ongwen case is presently ongoing. Trial Chamber IX issued an Order on Reparations to victims on February 28, 2024.