Law
No Trial Without Kony, Lawyer Tells ICC
The lead defence attorney for Ugandan rebel leader Joseph Kony has appealed to judges at the International Criminal Court (ICC) to suspend proceedings against his client, arguing that Kony cannot respond to the charges while he remains at large.
Peter Haynes, representing Kony, described his role as a “paradoxical mandate”, defending his client’s interests without being able to communicate with him in any way.
Kony, who has evaded capture for years, is accused of 39 counts of war crimes and crimes against humanity. These charges include murder, rape, torture, enslavement, and sexual slavery, allegedly committed in northern Uganda between July 2002 and December 2005.
The hearing in The Hague, which spans three days, is a “confirmation of charges” session rather than a full trial. This stage involves a panel of three judges determining whether the prosecution’s evidence is strong enough to move forward to a trial.
However, in Kony’s situation, this step may be symbolic, as ICC rules do not permit a trial in absentia.
Since Kony is unable to refute the allegations made against him, Haynes urged the court to “draw a line in the sand” and issue a “conditional stay of proceedings.”
He criticized the prosecution’s suggestion that confirming the charges would streamline any future trial if Kony is eventually apprehended.
“Seriously? Who does the deputy prosecutor think will arrest Joseph Kony? And where does he think he might be arrested?” Haynes asked.
“In Uganda? By the Ugandan authorities? Well, if that happens, he ain’t coming here.”
He also highlighted the broader implications for the ICC, especially as it faces scrutiny following U.S. sanctions after the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, a close ally of the United States.
“Looking at the bigger picture, compromising the rights of suspects through issuing confirmation of charges decisions without any participation of those suspects should not be the future of ICC proceedings,” said Haynes.
“Doing so would only give fuel to the fire of its detractors, who wish to portray this institution as illegitimate,” he continued.
He proposed that the most effective way to preserve the ICC’s credibility would be for judges to “impose a conditional stay of proceedings at the end of this hearing which can be lifted if Joseph Kony ever appears.”
The prosecution countered that pausing the case was “entirely unnecessary” and “completely out of the question,” stressing that such a move would hinder justice for the victims.
Francisco Cox, a lawyer representing victims, said those affected by Kony’s alleged actions want the ICC to formally acknowledge their suffering.
He dismissed Haynes’ argument as “creative but without legal basis.”
“They want justice, they want you to confirm these charges,” Cox told the court.
“By sanctioning these crimes, you are trying at least to affirm a guarantee of non-repetition and to end impunity to such crimes,” he added.
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