Agency
Joseph Kony’s defence lawyer has urged the International Criminal Court (ICC) to stop holding confirmation of charges hearings against suspects who are not in custody, arguing that such proceedings risk damaging the court’s legitimacy.
On Tuesday, Pre-Trial Chamber III opened the confirmation of charges hearing against Kony in his absence in The Hague, Netherlands—the first of its kind against a suspect still at large.
Kony, who faces 39 counts of war crimes and crimes against humanity, allegedly committed in northern Uganda, was not present in the courtroom.
Peter Haynes, lead counsel for the fugitive Lord’s Resistance Army (LRA) leader, told the judges on Wednesday that the proceedings should end with Kony’s case.
He warned that beyond galvanizing support for the court, repeating such decisions would only provide ammunition to critics who portray the ICC as illegitimate.
Haynes acknowledged the paradox of his role, noting that he had received no instructions from Kony and therefore could not challenge the prosecution’s case—even when, in his view, the evidence had serious gaps.
However, the Appeals Chamber on June 3 confirmed that the ICC can hold confirmation of charges proceedings in the absence of suspects, ruling that the Rome Statute provides safeguards to protect their fair trial rights even in absentia.
According to the prosecution, between July 1, 2002, and December 31, 2005, the LRA abducted 10,993 people in northern Uganda.
Of these, 3,653 were children below 15 years, and 2,556 were between 15 and 17 years. Among the children under 15, 2,397 were boys and 1,236 were girls.
Kony is suspected of committing crimes against humanity—including murder, attempted murder, torture, forced marriage, forced pregnancy, and mistreatment—as well as war crimes such as attacks on civilians, pillaging, conscription of children, and using children in hostilities.
The confirmation hearing, initially scheduled for three days, concluded on Wednesday before Pre-Trial Chamber III judges Presiding Judge Althea Violet Alexis-Windsor, Judge Iulia Motoc, and Judge Haykel Ben Mahfoudh.
The chamber is expected to deliver its written decision within 60 days.
It may confirm the charges and commit the case for trial if sufficient evidence exists, or decline to confirm and stop the proceedings against Kony if the evidence is insufficient.
