In a significant move, judges at the International Criminal Court (ICC) have sanctioned the tribunal’s initiation of its first in absentia hearing for Ugandan rebel leader Joseph Kony. The Hague-based court will hold a session in September, where prosecutors will have the responsibility of presenting substantial evidence to affirm the charges of war crimes and crimes against humanity against Kony, who has evaded capture and remains at large.
Kony, heading the infamous Lord’s Resistance Army (LRA), is accused of committing numerous heinous acts, including murder, sexual enslavement, and rape. Although the ICC’s guidelines typically require suspects to be present, they can proceed with a confirmation of charges in specific situations, even if the suspect is absent.
Appointed lawyers for Kony have raised concerns regarding the possibility of infringing upon his right to a fair trial if the case progresses without his presence. However, Judge Erdenebalsuren Damdin responded, stating that the court has designed “adequately robust safeguards” to ensure the in absentia hearing can occur fairly.
This case is being viewed as a test scenario, potentially paving the way for future cases involving absent suspects, such as potentially high-profile figures like Israeli Prime Minister Benjamin Netanyahu or Russian President Vladimir Putin. Nevertheless, according to Luigi Prosperi, a criminal law expert at the University of Utrecht, the decision is presently applicable only to instances where the individual has evaded ICC custody or has disappeared. Kony’s situation is unique, Prosperi emphasized.
Joseph Kony gained global notoriety back in 2012 when a viral video exposed his alleged offenses, yet the joint international pursuit to capture him has so far been unsuccessful. Starting in the 1980s, the LRA launched attacks in Uganda with the intention of toppling the government, before expanding their horrifying activities to the regions of Congo, Central African Republic, and South Sudan. The group is particularly notorious for employing child soldiers, committing mutilations, and enslaving women.
In 2021, a court found Dominic Ongwen, who was once a forcibly recruited child soldier before becoming a ruthless LRA commander, guilty of numerous war crimes and crimes against humanity, including several murders and instances of forced marriage. This conviction highlighted the far-reaching and indiscriminate violence carried out by the LRA under Kony’s leadership.