ICC concludes hearings in Joseph Kony case, judges begin deliberations

The International Criminal Court has wrapped up confirmation of charges hearings in the case against Joseph Kony, the fugitive leader of the Lord’s Resistance Army.

The two-day proceedings, held from September 9 to 10, 2025, took place before Pre-Trial Chamber III, which is presided over by Judge Althea Violet Alexis-Windsor alongside Judge Iulia Motoc and Judge Haykel Ben Mahfoudh.

Although Kony remains at large, his interests were represented during the hearings by Defence Counsel Peter Haynes, KC.

The court stressed that the session was aimed at testing whether the evidence presented was strong enough to support the charges.

“The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged,” the court said.

If the judges decide the evidence meets the required threshold, the matter will advance to trial. “If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial,” the court explained.

During the hearings, the Chamber received opening statements, submissions on the merits, and closing remarks from the Prosecution, the Defence, and the Legal Representatives of the Victims. The judges have now entered into deliberations, with a ruling expected in the next two months.

“In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends,” the ICC noted.

The court listed three possible outcomes: charges could be confirmed and the case committed to trial, the proceedings could be terminated if evidence is deemed insufficient, or the hearing could be adjourned for the Prosecutor to provide more material, conduct further investigations, or amend the charges.

However, the court made clear that a trial cannot proceed without Kony’s physical presence. “In this case a trial would still require Mr Kony to be present before the ICC as there is no trial in absentia according to the ICC Rome Statute,” it emphasized.

On the issue of appeals, the ICC clarified that neither the Prosecution nor the Defence can directly appeal the decision but may request permission from the Pre-Trial Chamber to do so.

Kony has been wanted by the ICC since July 8, 2005, when an arrest warrant was first issued against him. That warrant, initially sealed, was amended in September 2005 and later unsealed in October the same year.

He faces accusations of crimes against humanity including murder, attempted murder, enslavement, forced marriage, rape, torture, forced pregnancy, and persecution.

He is also charged with war crimes, among them attacks on civilians, pillaging, sexual slavery, conscription and use of children in hostilities, and destruction of property.

The charges relate to atrocities allegedly committed in 2003 and 2004 in northern Uganda.

On December 12, 2024, Pre-Trial Chamber III scheduled the confirmation hearing to proceed in Kony’s absence, a move that was later upheld by the Appeals Chamber on June 3, 2025.

Despite years of international and regional efforts to apprehend him, Kony remains at large. The ICC has renewed its calls for his arrest, underlining that justice for victims of the Lord’s Resistance Army depends on his surrender to The Hague.