The International Criminal Court (ICC) has embarked on an unprecedented legal journey, initiating war crimes proceedings against fugitive Ugandan rebel leader Joseph Kony. For the first time in its history, the ICC is conducting a "confirmation of charges" hearing in absentia, a significant step that could establish a new model for prosecuting high-profile suspects who remain beyond the court's reach. The three-day hearing at the ICC in The Hague, which began on September 4, 2025, marks the first such proceeding without the accused present, as Kony has successfully evaded capture since an arrest warrant was issued two decades ago and has not been seen publicly since 2006.

Kony, the founder and leader of the notorious Lord’s Resistance Army (LRA), faces 39 counts of war crimes and crimes against humanity. These charges include murder, rape, torture, enslavement, sexual slavery, abduction, and the forced conscription of thousands of children as soldiers. The alleged atrocities were committed between July 2002 and December 2005 in northern Uganda, with specific gender-based crimes, such as forced marriage and pregnancy, occurring between 2003 and 2004. The LRA gained infamy for brutal acts, including cutting off victims’ limbs and faces, despite Kony's claims of fighting for the rights of the Acholi people and seeking to establish a government guided by the biblical 10 commandments.

During the hearing, Peter Haynes, Kony’s main defence lawyer, urged ICC judges to freeze the case, arguing that his client cannot challenge evidence in his absence. Haynes highlighted his "paradoxical mandate" of representing Kony's interests without receiving instructions, contending that proceeding without Kony's participation would compromise suspects' rights. He proposed a "conditional stay of proceedings" that could be lifted if Kony ever appears. Haynes also questioned the prosecution's assertion that confirmed charges would expedite proceedings upon Kony's potential arrest, implying that an arrest by Ugandan authorities would likely prevent his transfer to The Hague. Furthermore, he linked the case to broader concerns about the ICC's legitimacy, especially following US sanctions imposed after arrest warrants were issued against Israeli Prime Minister Benjamin Netanyahu, warning that such proceedings could fuel the court's detractors.

The prosecution, represented by the ICC’s deputy prosecutor, acknowledged the challenges of international justice, noting that many victims have not survived the lengthy wait for justice. Despite this, the court affirmed its commitment, stressing that Kony "remained the main perpetrator until the end." Children were frequently abducted on their way to school or fields, deprived of basic rights, and compelled to kill for Kony's forces. The ICC is utilizing its authority under the Rome Statute to advance proceedings without the suspect in custody, with judges listening to arguments from the prosecution, defence, and victim representatives before deciding whether to confirm the charges. However, a full trial cannot commence until Kony is arrested and physically present in court.

For survivors of the LRA's violence, who are following the hearing remotely on screens in northern Uganda, these proceedings offer a crucial form of "recognition." Human rights advocates emphasize that it validates the suffering of thousands who endured the rebel group's terror. The LRA was expelled from Uganda in 2005, moving through Sudan (now South Sudan) and eventually establishing bases in the Central African Republic, reportedly engaging in poaching and illegal mining. Efforts by the Ugandan government to negotiate peace with Kony collapsed in 2008 due to his demands for immunity from prosecution. The ICC's decision to proceed in Kony's absence underscores its unwavering commitment to justice, even amidst significant challenges in securing arrests, and serves to demonstrate the court's operational resilience despite having few ongoing trials.