Confirmation of charges in the case The Prosecutor v. Joseph Kony et al.
©ICC-CPI
The Prosecutor v. Joseph Kony: Justice - 1, Impunity - 0
By Astrid Bochnakian / GICJ
On 6 November 2025, Pre-Trial Chamber III of the International Criminal Court (ICC) confirmed charges against Joseph Kony in his absence. Founder and commander-in-chief of the Lord’s Resistance Army, a rebel group that operated in Uganda between 1987 and the mid-2000s, Mr. Kony was suspected of 39 counts of war crimes and crimes against humanity allegedly perpetrated between 1 July 2002 and 31 December 2005, which were confirmed by the Pre-Trial Chamber [1]. This is the first ICC case in which proceedings are being carried out in absentia, meaning without the accused being present in The Hague, which represents a development in international law and the application of the Rome Statute of the ICC.
Background: the LRA insurgency in Northern Uganda
Formed during the Ugandan civil war (1987-1994) by Mr. Kony, who claimed spiritual inspiration, the Lord’s Resistance Army (LRA) is an extremist religious group that aimed to overthrow the Ugandan government. Fighting the Uganda People’s Defence Forces in a protracted armed conflict that lasted until the rebel group’s dispersion into neighbouring countries in 2006, the LRA’s methods were extremely brutal towards civilians in Northern Uganda, perceived to be supportive of the government. The LRA killed over 100 000 civilians, abducted between 60 000 and 100,000 children and forced 2.5 million people to flee their homes [2]. Their methods included widespread and systematic attacks on civilians, murder, torture, gender-based and sexual violence, forced marriages, enslavement, recruitment of child soldiers, attacks on internally displaced persons’ (IDP) camps and on schools, pillages, and hacking their victims’ limbs off.
Aside from its disastrous human toll, the LRA insurgency resulted in a humanitarian crisis in Northern Uganda, marked by displacement, the destruction of infrastructure, disrupted social services, a paralysed economy, poverty, limited educational opportunities, and a legacy of mistrust and trauma.
Case summary: The Prosecutor v. Joseph Kony
As Uganda is a State Party to the Rome Statute since 2002, it referred the situation in Northern Uganda to the ICC in December 2004, pursuant to Article 14 of the Statute. On 24 July 2005, the ICC Prosecutor opened an investigation, based on reasonable grounds and pursuant to Article 15.1. An arrest warrant was issued on 8 July 2005, as Mr. Kony was suspected of 39 counts of war crimes and crimes against humanity, perpetrated between 1 July 2002 and 31 December 2005. This time frame, however, doesn’t reflect the full timeline of crimes committed by the LRA, as the Court’s temporal jurisdiction prevents it from adjudicating crimes committed before it entered into force, on 1 July 2002. [3]
The charges listed in Mr. Kony’s arrest warrant, and confirmed by Pre-Trial Chamber III on 6 November 2025, include having ordered, induced or indirectly co-perpetrated crimes agaisnt humanity of murder and attempted murder, torture or severe abuse and mistreatment as an inhumane act, enslavement, forced marriage as an inhumane act, forced pregnancy, rape, persecution on political grounds, age and gender grounds; and the war crimes of intentionally directing attacks against the civilian population, murder and attempted murder, torture or cruel treatment, rape, conscripting children under the age of 15 and using children to participate actively in hostilities, sexual slavery, forced pregnancy, pillaging, and destroying the enemy’s property. They also include directly perpetrating the crimes against humanity of enslavement, forced marriage as an inhumane act, rape, forced pregnancy, torture, persecution on age and gender grounds, and the war crimes of rape, torture, sexual slavery, and forced pregnancy.
Since the arrest warrant was issued, three other suspects in The Prosecutor v. Joseph Kony et al. have passed away, leading to the proceedings being terminated. Additionally, the proceedings against Dominic Ongwen, another suspect, were severed from the original case so as not to further delay the pre-trial proceedings against Mr Ongwen. He was tried and, in February 2021, found guilty of 61 crimes committed in Northern Uganda between 1 July 2002 and 31 December 2005, including crimes against humanity and war crimes.[4]
On 24 November 2022, the Office of the Prosecutor submitted a request to hold a confirmation of charges hearing in Mr Kony’s absence, pursuant to Articles 61.2 (b) and 61.7 of the Rome Statute. The confirmation hearing took place on 9 and 10 September 2025. Deeming sufficient evidence to commit Mr. Kony to be tried by the Court, Pre-Trial Chamber III thus confirmed the charges without Mr. Kony being present, which is a groundbreaking decision for the ICC. However, he can only be tried if present before the ICC, as stated in Article 63.1 of the Rome Statute. Still at large, Joseph Kony is believed to be hiding in the Central African Republic.
Proceedings in absentia in international law
Legal proceedings in the absence of the accused are controversial under both international and domestic law. Such methods are considered to be violating the fundamental right to a fair trial, including the right to be present and participate in one's own defence, which is enshrined in Article 14 of the International Covenant for Civil and Political Rights (ICCPR).
The Prosecutor v. Joseph Kony case is the first instance, since the enforcement of the Rome Statute on 1 July 2002, in which the Office of the Prosecutor requested to carry on proceedings without the accused being under the custody of the ICC. Willing to close the investigation proceedings and bring the perpetrator to justice, ICC Prosecutor Karim Khan based his claims on Article 61.2 (b) of the Statute:
2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:
(a)Waived his or her right to be present; or
(b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.
In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.
It is key to note that the search for Joseph Kony led to an “unprecedented level” of collaboration between States, international organisations and civil society actors.[5] Thus, all means to execute the arrest warrant had been exhausted, leading Pre-Trial Chamber III to conclude on 29 October 2024 that all the requirements to hold the confirmation of charges hearing were met. [5]
Yet, in a context in which international arrest warrants are not being executed for political reasons, such an interpretation by the Pre-Trial Chamber represents a clarification of procedural flexibility. In cases where the accused is deliberately evading justice, it also signals that accountability cannot be escaped, as a confirmation of charges is the first step to liability. This decision thus sets a key precedent in the application of the Rome Statute. Additionally, at a time when confidence in the ICC is constantly weakened by criticism, sanctions, and political interest, the development in The Prosecutor v. Joseph Kony underscores that the ICC remains serious about pursuing war criminals, despite the obstacles of non-cooperation and time.
The ICC and the situation in Palestine
The State of Palestine is another situation in which arrest warrants are not being executed, which further undermines the necessary response to the atrocities unfolding in the Gaza Strip and the Occupied West Bank. While the ICC has issued warrants against Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, for “war crimes of starvation as a method of warfare and of intentionally directing an attack against the civilian population”, and “crimes against humanity of murder, persecution, and other inhumane acts” on 21 November 2024 [6], those warrants have not been executed yet due to political interests. Yet, the non-execution of these arrest warrants highlights a structural limitation of the ICC: its reliance on state cooperation to enforce its decisions. This gap not only delays accountability for the most serious international crimes but also risks undermining the Court’s credibility and deterrent effect. Similar to The Prosecutor v. Joseph Kony, the failure to apprehend individuals responsible for atrocities in Palestine demonstrates that, without effective enforcement mechanisms or in absentia proceedings, the ICC’s capacity to uphold accountability and implement international legal norms remains constrained.
Conclusion
The confirmation of charges against Joseph Kony in absentia thus represents a milestone for the ICC, demonstrating that deliberate evasion of justice cannot indefinitely shield perpetrators of international crimes from accountability. While the Rome Statute continues to prioritise fair trial rights and the presence of the accused, this case illustrates the Court’s ability to adapt procedurally when all reasonable steps to secure arrest have been exhausted. At the same time, the contrast with situations like Palestine underscores a persistent challenge: the ICC’s reliance on state cooperation can limit its effectiveness, allowing political considerations to impede justice. Nevertheless, The Prosecutor v. Joseph Kony signals that the Court remains committed to pursuing accountability for crimes against humanity and war crimes, setting a precedent that strengthens the fight against impunity.
Geneva International Centre for Justice (GICJ) commends this new development in The Prosecutor v. Joseph Kony, especially at such a crucial time for international justice. We believe that this precedent-setting decision can contribute to ensuring accountability in other ICC situations, including in Palestine. However, GICJ once again urges all State Parties to the Rome Statute to cooperate with the ICC in executing arrest warrants, as no trial can proceed in the absence of the accused. The fight against impunity cannot rely on accountability in words; those responsible for international crimes must be brought to justice.
References
[1] ICC Press release, 6 November 2025, Kony case: ICC Pre-Trial Chamber III confirms the charges of war crimes and crimes against humanity; accused is still at large
[2] BBC, Ugandans welcome war crimes charges against LRA leader Joseph Kony and demand his arrest
[3] ICC Case Information Sheet, Joseph Kony
[4] ICC, Ongwen Case
[5] ICC Press Release, 29 October 2024, Kony Case: Pre-Trial Chamber III to hold the confirmation of charges hearing in absentia
[6] ICC, Situation in the State of Palestine
