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.