Law
Kony Defence Team Vows Tough Challenge to ICC Charges Despite His Absence
Defence lawyers representing fugitive Lord’s Resistance Army (LRA) commander Joseph Kony say they are prepared to mount a vigorous challenge to the International Criminal Court’s (ICC) planned confirmation of charges hearing against him, despite never having spoken to their client.
The ICC has scheduled the unprecedented proceedings for September 9–11, marking the first time the court will hold a confirmation of charges hearing in the absence of a suspect who remains at large.
Lead defence counsel Peter Haynes told journalists on Friday that his team has meticulously reviewed the prosecution’s evidence and will argue that some charges should not be confirmed by the Pre-Trial Chamber. He described the process itself as “legally flawed,” given Kony’s continued absence.
Kony, who has been on the run since 2005, faces 39 counts of war crimes and crimes against humanity allegedly committed between July 2002 and December 2005 in Northern Uganda. The charges include murder, rape, enslavement, and the conscription of children into armed conflict.
Haynes acknowledged the challenge of preparing a defence without Kony’s direct instructions, but expressed confidence in the team’s strategy. “We will present a concise and sensible argument before the court on why these charges should not be confirmed,” he said.
Co-counsel Kate Gibson revealed that despite their inability to reach Kony, the defence had gathered significant evidence from Northern Uganda through community engagement. She noted that the judges had denied the prosecution’s request to call five witnesses, ruling that only documentary evidence will be considered. “Some people are expecting live evidence, but that won’t be the case,” she explained.
The hearing will determine whether there is sufficient evidence to commit the case to trial, but Kony can only be tried once he is physically before the court.
Earlier this year, the defence unsuccessfully appealed the ICC’s decision to proceed without Kony, arguing it would undermine reconciliation and repatriation efforts in Northern Uganda. The Appeals Chamber upheld the ruling in June, finding that the Rome Statute provides adequate safeguards for a suspect’s fair trial rights even before an initial appearance.
Kony, the LRA’s founder, is the ICC’s longest-standing fugitive. Under his leadership, the rebel group waged a brutal insurgency in Northern Uganda for more than two decades, leaving thousands dead, millions displaced, and countless children and women abducted into combat or sexual slavery.
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