Justice in Absentia: Community Reactions as ICC Holds Confirmation of Charges Hearing Against Fugitive LRA Leader Joseph Kony

On September 9–10, 2025, the International Criminal Court (ICC) held a historic confirmation of charges hearing against Joseph Kony, the fugitive leader of the Lord’s Resistance Army (LRA). For the first time, the Court carried out this crucial step in absentia, affirming that justice cannot be indefinitely stalled by a suspect’s refusal to appear.

The hearing was convened before the Pre-Trial Chamber III, composed of Judge Althea Violet Alexis-Windsor (Presiding Judge), Judge Iulia Motoc, and Judge Haykel Ben Mahfoudh. Kony, who remains at large, was represented by Defence Counsel Peter Haynes, and Anyuru Borris a Ugandan lawyer. The victims were represented by their legal representative led by Paolina Massidda.

Why This Hearing Matters

The confirmation of charges hearing is not a trial. Its purpose is for the ICC judges to decide whether there is sufficient evidence to establish substantial grounds to believe that Kony committed the alleged crimes. If confirmed, the case will be referred to a Trial Chamber. Importantly, while the Rome Statute allows for confirmation of charges proceedings in absentia, it does not permit full trials in absentia. A trial can only proceed once Kony is arrested and physically present before the ICC.

Under Regulation 53, the judges have 60 days from the end of the hearing (10 September 2025) to issue a written decision. They may;

1. confirm all or some of the charges and commit Kony to trial;

2. decline charges where evidence is insufficient, halting proceedings on those counts; or

3. adjourn and request further evidence, investigations, or amended charges.

Neither the Prosecutor nor the Defence can directly appeal this decision, though they may seek authorization from the Chamber to do so.

The Charges

The Warrant of Arrest for Kony was first issued under seal in July 2005, amended in September 2005, and unsealed in October that same year. He faces 39 counts of war crimes and crimes against humanity, including murder, enslavement, forced marriage, rape, torture, persecution, forced pregnancy, cruel treatment, pillaging, destruction of property, sexual slavery, conscription and use of child soldiers, and intentionally directing attacks on civilians.

These crimes are alleged to have been committed between 2003 and 2004 in northern Uganda, particularly during attacks on eight internally displaced persons (IDP) camps—Lukodi, Abok, Abia, Pajule, Pagak, Barlonyo, Odek, and Lwala Girls Secondary School.

Voices from the Courtroom and the Community

During the two-day hearing, the Prosecution, Defence, and Victims’ Legal Representatives presented evidence and arguments. Prosecutors stressed the systematic nature of Kony’s campaign of terror, including abductions, forced marriages, and the use of children as soldiers. The Defence questioned the reliability of some evidence, such as Kony’s alleged diary, and argued that without his physical presence the case risks losing meaning.

In Gulu City, the Foundation for Justice and Development Initiatives (FJDI) worked with the ICC outreach team to livestream proceedings in Luo, the local language. Survivors, students, civil society groups, and community members followed closely, many expressing a mix of recognition, frustration, and hope.

One survivor, Acayo Night, reflected:

“For me I have no problem, what is important is that at least my issue is being discussed and brought to light. Even if he is captured or not, he has committed crimes against us and we want justice.”

For Apollo Ocheko, an 85-year-old from Soroti, the proceedings carried both progress and urgency:

“It means a lot to us, because at least now we know that the atrocities Joseph Kony committed, he can now account for them. Even if we wanted to see him physically, we don’t mind even if he is absent. We are happy and feel like justice is being done to us. Our justice is that he is imprisoned in the international prisons and that we who suffered also get something as a reparation to rebuild our lives.”

A Step Toward Accountability

For survivors of the LRA conflict, this hearing represents a long-awaited step toward accountability. It preserves the historical record, validates victims’ suffering, and signals that fugitives cannot indefinitely evade justice. Still, frustrations remain—especially regarding the absence of reparations and the emotional toll of reliving painful experiences.

As one participant at the Gulu screening remarked:

“If you are hurt, it cannot go away just like that. However, this proceeding gives a glimmer of hope that at least he is being tried.”

From a teacher in Kitgum District:

“We have taught our children about Kony’s war, but now they are seeing that the world also recognizes what happened to us. This hearing helps them to believe that our suffering was not in vain.”

From a mother who lost two children in an LRA attack:

“No decision can bring back my children, but hearing that Kony is being held accountable, even when he is not here, gives me some peace. It shows that the truth cannot be hidden forever.”

What Comes Next

The judges of Pre-Trial Chamber III will now deliberate and are expected to issue their decision by November 2025. If the charges are confirmed in part or in full, the case will proceed to trial once Kony is apprehended. Until then, victims and survivors continue to wait—hopeful that this process, even in absentia, moves them closer to the justice and reparations they have sought for over two decades.

For FJDI and communities in northern Uganda, the message is clear: justice delayed must not become justice denied.

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FJDI works with children, youth, women and communities to promote holistic justice, development and economic recovery in Northern Uganda. FJDI seeks solutions to the long-term impacts of conflict by advocating for redress. FJDI has played a pivotal role in documenting atrocities, profiles and evolution of victims’ reparations needs, victims’ groups and associations, implementing transitional justice processes, and advocating for reparations for families since 2016.

Justice in Absentia: The ICC set to Hear Charges Against LRA Leader Joseph Kony on September 9.

The pursuit of accountability for crimes committed by the Lord’s Resistance Army (LRA) leader, Joseph Kony has entered a decisive phase before the International Criminal Court (ICC). Recent rulings by Pre-Trial Chamber II (October 2024) and the Appeals Chamber (June 2025) have clarified the legal framework for conducting “Trial in Absentia” against Joseph Kony, the LRA’s fugitive leader, marking a historic step in international criminal jurisprudence and the pursuit of justice for victims in Northern Uganda. Joseph Kony is suspected of 39 counts of war crimes and crimes against humanity, allegedly committed between at least 1 July 2002 until 31 December 2005 in northern Uganda as per the Amended Document Containing the Charges shared by the prosecutor in April 2025. While the case originally involved Raska Lukwiya, Okot Odhiambo and Vincent Otti, proceedings against them were terminated due to their passing.

Trial in Absentia under the Rome Statute

Article 61(2)(b) of the Rome Statute provides that a Pre-Trial Chamber may conduct a confirmation of charges hearing in the absence of the suspect if he or she has absconded or cannot be located, provided that reasonable steps have been taken to secure their appearance and to notify them of the charges. The Chamber retains discretion to authorize such proceedings where justice demands that accountability not be indefinitely stalled by the accused’s flight.

The October 2024 and June 2025 decisions confirm that Kony’s case meets these conditions. The Court emphasized that while the presence of the accused remains the default, exceptions are permissible under carefully defined safeguards, including:

• Notification: all reasonable measures to inform the accused of the charges;
• Representation: appointment of qualified defence counsel to safeguard the accused’s rights;
• Participation of victims: recognition of victims’ rights to participate and present views; and
• Future review: the accused’s right, if apprehended, to challenge charges confirmed in his absence.

This jurisprudence strengthens the Rome Statute’s dual commitment to fairness and victims’ rights, underscoring that the administration of justice cannot be indefinitely paralyzed by a suspect’s refusal to submit to jurisdiction.

Procedural History of the Kony Case

• Referral and Investigation: Uganda ratified the Rome Statute on 14 June 2002 and referred the situation in Northern Uganda to the ICC Prosecutor on 16 December 2003. An investigation was formally opened on 29 July 2004.

• Warrants of Arrest: Warrants for Kony and four other senior LRA commanders were issued between May and September 2005. These were unsealed on 13 October 2005. To date, Kony remains at large.

• Status of Co-Accused: Proceedings against Raska Lukwiya (2007), Okot Odhiambo (2015), and Vincent Otti (2023) were terminated upon confirmation of their deaths. Only Dominic Ongwen was apprehended; his case was severed in February 2015, leading to his trial and subsequent conviction and sentencing to 25 years in prison.

• Engagement with Uganda: Between 2007 and 2008, the Court examined Uganda’s proposed accountability mechanisms under the Juba peace process but reaffirmed that the ICC’s jurisdiction remained intact. Although Uganda referred the situation to the ICC in line with the principle of complementarity enshrined in Article 17 of the Rome Statute—which places primary responsibility on States to investigate and prosecute serious crimes, with the ICC intervening only where national efforts are inadequate or unavailable—it has also undertaken several domestic initiatives to address accountability and redress for atrocities committed during the LRA conflict. Following the 2007–2008 Juba Peace Talks, the government committed to establishing a Special Division of the High Court of Uganda, later formalized as the International Crimes Division (ICD), mandated to prosecute war crimes and crimes against humanity. The ICD has since initiated proceedings, most prominently the case of Thomas Kwoyelo, who in 2024 was convicted on 44 counts of war crimes and crimes against humanity. In addition, Uganda adopted the National Transitional Justice Policy in 2019, which, among other pillars, provides for reparations and reconciliation. However, domestic progress has been slow with the policy yet to be passed into law.

• Admissibility Challenges: In 2008–2009, the admissibility of the case was contested, but both Pre-Trial Chamber II and the Appeals Chamber confirmed that the case was admissible under Article 17 of the Statute.

Key Recent Decisions

October 2024: Pre-Trial Chamber II

The Chamber ruled that confirmation of charges proceedings against Kony could lawfully proceed in absentia. It held that the Prosecutor’s notification efforts, the appointment of independent defence counsel, and victim participation mechanisms provided sufficient guarantees of fairness.

June 2025: Appeals Chamber

Building upon the 2024 ruling, the Chamber determined that the statutory requirements had been conclusively satisfied in Kony’s case, noting:

• his deliberate evasion of justice for over two decades;
• the failure of extensive international and regional arrest efforts; and
• the imperative to preserve evidence and advance victims’ right to justice.

The Chamber stressed that in absentia proceedings safeguard the integrity of the historical record and recognize victims’ suffering, preventing impunity through attrition.

Next Procedural Milestone

The ICC has scheduled the confirmation of charges hearing against Joseph Kony to begin on 9 September 2025. This hearing will assess whether sufficient evidence exists to commit the case to trial. Although Kony will not be physically present, he will be represented by appointed counsels led by Mr Peter Haynes who was appointed in June 2024. His appointment followed an open call for expression of interest, an assessment of Counsels applications by a panel and the final recommendation submitted by the ICC Registry in a Report to ICC judges. While victims will continue to participate through their legal representatives led by Ms. Paolina Massidda. Pre-Trial Chamber II has granted 41 persons the status of victim authorised to participate in the case.

Significance for Victims and Communities in Northern Uganda

For more than twenty years, survivors of LRA atrocities have endured repeated delays in the quest for justice. The confirmation of charges proceedings in absentia represents a watershed moment: justice is advancing despite the accused’s continued evasion. These decisions reaffirm that accountability is not contingent upon the cooperation of perpetrators but remains anchored in the rights of victims to truth, justice, and recognition. In fact, Richard Okwera (not real names), a former abducted asserts that,

“I was abducted as a child and forced to fight in a war I did not choose. For years, I carried the weight of fear, loss, and silence. Seeing the ICC finally move forward reminds me that our suffering is not forgotten and that justice, even delayed, is still possible. But we still wait to see how this will go on.”

FJDI’s Role and Commitment

The Foundation for Justice and Development Initiatives (FJDI) remains committed to monitoring developments at the ICC and to ensuring that victims’ perspectives and concerns reach concerned stakeholders. Through outreach, documentation, and advocacy, FJDI will continue to inform survivors and affected communities of each step in the proceedings. FJDI will partner with the ICC outreach team to livestream proceedings in Gulu city starting on September 9.

“As FJDI, we want to walk with victims and survivors all steps of the way. We have already worked together since 2016 pushing for accountability and redress and this step by the ICC gives us hope that justice will come, eventually.” – FJDI program officer

Justice delayed must not become justice denied. The forthcoming hearing marks a crucial step in ensuring that the voices of victims in Northern Uganda are heard.

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FJDI works with children, youth, women and communities to promote justice, development and economic recovery in Uganda. FJDI seeks solutions to the long-term impacts of conflict by advocating for redress. FJDI has played a pivotal role in documenting atrocities, profiles and evolution of victims’ reparations needs, victims’ groups and associations, implementing transitional justice processes, and advocating for reparations for families since 2016.

Further Readings:

1. Taking Stock of Victims' Associations in Northern Uganda, August 2023

2. FJDI Policy Brief No. 2019-001

3. Community Members call for an Expeditious Process to pass the NTJP Policy into law, October 2020

4. Ignored and Forgotten: Challenges, Hopes and Expectations of Victims’ Groups in Northern Uganda, December 2019

5. Victims Groups and their challenges in Northern Uganda, September, 2019

6. FJDI Blog: https://fjdiorg.blogspot.com/