The Appeals Chamber of the International Criminal Court (ICC) has unanimously upheld a landmark decision allowing confirmation of charges proceedings against fugitive warlord Joseph Kony to proceed in absentia, setting the stage for a significant step forward in a case that has remained stalled for nearly two decades.
In a judgment delivered in open court, Judge Erdenebalsuren Damdin, presiding over a five-judge panel, confirmed the Pre-Trial Chamber III’s October 29, 2024 ruling that the Rome Statute the legal foundation of the ICC permits confirmation hearings to be held without the suspect’s presence if the individual “cannot be found.”
The ruling effectively dismisses an appeal by Kony’s defence team, who argued that the absence of a prior initial appearance violated his rights to a fair trial. The Appeals Chamber, also composed of Judges Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze, found the interpretation consistent with the Statute’s object and purpose, emphasizing that adequate safeguards exist to protect the suspect’s legal rights, even without a first appearance.
“The Appeals Chamber finds that the statutory framework provides sufficiently robust mechanisms to ensure the fairness of proceedings, even when a suspect is not physically present at the confirmation of charges,” Judge Damdin said in the courtroom.
Joseph Kony, the elusive leader of the Lord’s Resistance Army (LRA), has been wanted by the ICC since 2005. The court issued a sealed warrant for his arrest on July 8, 2005, which was later unsealed in October that year. Kony faces 33 charges, including 12 counts of crimes against humanity—such as murder, enslavement, rape, and sexual slavery and 21 counts of war crimes, including forced enlistment of children, pillaging, and targeting civilians. These crimes allegedly took place in northern Uganda between 2003 and 2004.
Despite widespread international efforts, Kony has never been captured and remains at large, reportedly moving between remote regions of Central Africa. His continued evasion of justice has drawn criticism from victims’ groups and human rights advocates who say the delay has denied closure and accountability to thousands affected by LRA atrocities.
In a procedural step on December 12, 2024, the ICC’s Pre-Trial Chamber III officially scheduled the confirmation of charges hearing in The Prosecutor v. Joseph Kony to begin on September 9, 2025 even in Kony’s absence.
Legal experts say the decision to proceed without the accused marks a rare but significant invocation of Article 61(2)(b) of the Rome Statute, which allows confirmation hearings to take place if the suspect cannot be found and all reasonable efforts to secure their appearance have failed.
“This sends a powerful message,” said a Kampala-based legal analyst. “The international justice system is demonstrating that it will not be indefinitely stalled by fugitives who manipulate their absence to delay accountability.”
In northern Uganda, where communities still grapple with the aftermath of LRA violence, the decision has been met with a mix of cautious optimism and long-standing frustration. Victims and their families hope the confirmation hearing will reignite international focus on Kony and reinvigorate efforts to bring him to justice.
“There can be no true healing without justice,” said a survivor from Gulu District. “We have waited for years to hear the truth in court. Even if he’s not there, let the world finally hear what we went through.”
The ICC’s move to proceed despite Kony’s absence could set a precedent for other long-standing cases involving fugitives of international law. It also reaffirms the Court’s position that accountability must not be held hostage by evasion.
Whether this will ultimately lead to Kony’s trial remains uncertain. But for now, the ICC has taken a bold legal and symbolic step toward justice, even in the absence of the accused.
