By KT Reporter
The long-awaited trial of Lord’s Resistance Army (LRA) leader Joseph Kony can only proceed if he is arrested or surrenders, the Office of the Prosecutor at the International Criminal Court (ICC) has reiterated.
Kony, wanted since 2005, remains the Court’s longest-standing fugitive. He has eluded capture for more than three decades, prompting the Court to confirm charges against him in absentia, a ruling that, according to ICC prosecutors, marked a major milestone that keeps hope alive for thousands of victims in northern Uganda who endured abductions, attacks on camps for the displaced, and other atrocities committed under Kony’s command.
Speaking at a press conference in Kampala on Friday, Dahirou Sant-Anna, the ICC’s International Cooperation Adviser, recalled that the Prosecutor first sought confirmation of charges in absentia in November 2022 as a way to advance the long-stalled case. The Pre-Trial Chamber granted the request, paving the way for a confirmation hearing held this September in The Hague, where he was represented by court-appointed counsel.
Sant-Anna said prosecutors presented evidence supporting 39 counts of war crimes and crimes against humanity stemming from attacks on at least seven internally displaced persons’ camps, including Pajule, Barlonyo, Odek, Abok, and Lukodi, and the systemic abduction and brutal mistreatment of children, women, and girls.
The evidence also covered the notorious 1996 raid on St. Mary’s College, Aboke, and allegations of sexual enslavement of women held as forced “wives.” On November 6, 2025, ICC judges confirmed all charges against Kony in his absence, the first time in the Court’s history that charges were confirmed against a suspect not in custody.
Pre-Trial Chamber III, comprising Presiding Judge Althea Violet Alexis-Windsor, Judge Iulia Antoanella Motoc, and Judge Haykel Ben Mahfoudh, found substantial grounds to believe Kony is responsible for war crimes and crimes against humanity committed between July 1, 2002 and December 31, 2005, in northern Uganda.
Sant-Anna described the decision as “positive and historic,” noting that while it completes the confirmation phase, a full trial is impossible unless Kony is arrested or voluntarily surrenders. The Rome Statute explicitly prohibits trials in absentia, even though it allows pretrial proceedings without the accused present.
Leonie von Braun, a Senior Trial Lawyer at the ICC, stressed the significance of the ruling for victims in northern Uganda. She said judges endorsed broad, systemic charges to reflect the scale of violence inflicted on women and children over the three years examined. She noted that the evidence relied on conservative estimates but still demonstrated that thousands were affected.
By confirming the pattern of crimes instead of requiring prosecutors to list every abducted or victimised person, the ruling will enable a larger number of victims to participate in future proceedings. Von Braun said approximately 180 key witnesses have been identified so far, including survivors of camp attacks, former abductees, survivors of sexual enslavement, former LRA fighters, and community members crucial to proving the charges.
Addressing questions about Kony’s whereabouts, Von Braun confirmed that ICC intelligence indicates he is still alive but declined to provide details. She acknowledged the difficulty of arresting him, particularly as he is believed to operate in regions where ICC cooperation is limited because they fall outside the Rome Statute jurisdiction.
ICC officials noted that 31 arrest warrants remain outstanding globally, with Kony’s among the longest unresolved. While the Uganda situation is otherwise closed, the Court will continue pursuing his arrest unless he is confirmed dead. If never apprehended, proceedings will end without the possibility of reparations for victims.
On reparations, Maria Mabinty Kamara, the ICC Outreach Officer for Uganda, said the Trust Fund has not received any earmarked contributions for reparations linked to Dominic Ongwen, another former LRA commander, though general contributions are expected to be allocated beginning early 2026. Ongwen is serving a 25-year sentence handed down in 2024, alongside more than €52 million in court-ordered reparations.
Despite the uncertainties, ICC officials urged victims and the international community not to lose hope, noting that fugitives in other situations have been arrested many years after warrants were issued. They expressed optimism that the confirmation decision will renew efforts to bring Kony into custody and finally pave the way for a long-awaited trial.
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