The International Criminal Court (ICC) has issued a decision concluding that all the requirements to hold a confirmation of charges hearing in the absence of the Ugandan suspect Joseph Kony are now met.
Pre-Trial Chamber III of the court stated on Wednesday that Kony's confirmation of charges hearing will be held at a date to be announced at a later stage.
The Chamber found that Kony is a person who ‘cannot be found’ and that all reasonable steps to secure his appearance and to inform him of the charges and the date of the confirmation of charges hearing, initially scheduled for October 15, 2024, had been taken.
The judges hence reached the conclusion that there is cause to hold the confirmation of charges hearing in absentia.
Threshhold for conviction
The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.
The Rome Statute allows for the confirmation of charges proceedings at the Pre-Trial stage in the absence of the suspect, under specific conditions.
Should the charges be confirmed, the case can only proceed to trial if the accused is present before the Trial Chamber.
On the run
Joseph Kony is suspected of 12 counts of crimes against humanity and 21 counts of war crimes allegedly committed in 2003 and 2004 in northern Uganda.
The court issued a waarrant of arrest for Kony in 2005.
Once a new date for the confirmation of charges hearing has been set, the Registry shall complete notification and outreach activities within 30 days.
In September 2024, the Pre-Trial Chamber decided to postpone the commencement of the confirmation hearing of Kony's case, which had been scheduled to take place this month.
