The International Criminal Court (ICC) prosecution has urged judges at Pre-Trial Chamber III to confirm war crimes and crimes against humanity charges against fugitive Lord’s Resistance Army (LRA) leader Joseph Kony, despite his continued absence.
In a powerful opening statement on Monday at the three-day confirmation of charges hearing in The Hague, ICC Deputy Prosecutor Mame Mandiaye Niang reminded the Chamber that Kony has evaded justice for nearly two decades, frustrating repeated international efforts to arrest him.
“The dock is empty; Joseph Kony is not here today. Twenty years ago, a warrant of arrest was issued, yet he has successfully avoided capture ever since,” Niang said.
Highlighting the broader significance of the case, Niang emphasised that pursuing charges against Kony is vital to acknowledging the suffering of victims. “Many survivors who endured the horrors of a devastating civil war have not lived to see this day. Others have lost patience. But there are those who, against all odds, have waited for this very moment,” he added.
The prosecution has brought 39 counts of war crimes and crimes against humanity, covering eight locations in Northern Uganda: Pajule, Abok, Lukodi, Odek, Pagak, Abia, Barlonyo, and Lwala Girls, between July 2002 and December 31, 2005.
The charges allege systematic violence carried out by Kony and other LRA members, including attacks on IDP camps, mass abductions, murder, torture, sexual slavery, forced marriage, rape, pillaging, and cruel treatment. Niang particularly highlighted the impact on children, describing them as “the worst affected” by the atrocities.
The prosecution presented a detailed account of the LRA’s formation, leadership, and the chronology of attacks across the Acholi, Lango, and Teso sub-regions. Audio-visual evidence showed children fleeing at night in Gulu Municipality during the height of the LRA insurgency and footage of the Barlonyo IDP camp attack on February 27, 2004, alongside testimony from former LRA fighters and survivors.
Kony’s Defence Counsel, Peter Haynes, reiterated objections to confirming charges in the absence of the accused, questioning its legality and fairness under the ICC’s statutory framework. Haynes emphasised the challenges of mounting a defence without guidance from Kony on his intended plea. “What exactly can a defence lawyer argue without instructions? What is in Kony’s best interest? Might he prefer to waive challenges or plead guilty at trial?” he asked.
A total of 5,795 victims, authorised to participate in the hearing, were represented by the Common Legal Representative of Victims (CLRV), Sarah Pellet, who stressed the symbolic importance of the proceedings. “For many survivors, this hearing is not only about the law, it is about recognition. They have waited over two decades for their suffering to be acknowledged and for justice to be done in their name,” she said.
This hearing marks a historic first for the ICC: a confirmation of charges in a case where the suspect remains at large. While the court may determine that there is substantial trial evidence, proceedings will only formally commence once Kony is in custody.
Kony has been on the run since the ICC issued an arrest warrant against him and four other senior LRA commanders in 2005. Of those, Vincent Otti, Raska Lukwiya, and Okot Odhiambo are confirmed dead, while Dominic Ongwen is serving a 25-year sentence in Norway.