A file picture taken on November 12, 2006 of then leader of the Lord's Resistance Army Joseph Kony.
The International Criminal Court (ICC) on Wednesday concluded the confirmation of charges hearing against fugitive Lord’s Resistance Army (LRA) leader Joseph Kony, as prosecutors asked that he be even in his absence.
Following two days of legal arguments in The Hague, the session ended a day earlier than scheduled by the ICC the pre-trial chamber, leaving judges to deliberate for up to 60 days before issuing a ruling on whether the case should move to trial.
At the heart of the debate was a fundamental question: should the ICC proceed against Kony, despite domestic mechanisms capable of trying the LRA leader? Prosecutors, defence counsel, and victims’ representatives presented sharply divergent perspectives, highlighting the tension between the promise of international justice and the limitations of national and traditional justice systems in Uganda.
Prosecutors argued that Uganda’s legal processes are insufficient to deliver justice for the thousands of victims affected by the LRA insurgency.
“There are no proceedings against Mr Kony in Uganda. Any suggestion that there will be national proceedings is purely speculative and cannot serve as a basis to stop the confirmation of charges in this Court. Mr Kony has never apologised to the victims, and he has rejected traditional justice mechanisms, including the Acholi rituals and the amnesty process.” Paul Bradfield, Common Legal Representative of Victims (CLRV).
Prosecutors noted that Uganda’s International Crimes Division (ICD), established to prosecute serious crimes, was not designed to handle LRA top leadership cases. “The documents before you on the case record show that the International Crimes Division ICD was never meant to supplant the court with regard to top LRA leadership,” the prosecution emphasised.
The Thomas Kwoyelo case, cited repeatedly by the defence, illustrates the point. Kwoyelo, a former LRA commander, was convicted by a Ugandan court in 2024 and sentenced to 40 years’ imprisonment for war crimes. However, the case is currently under appeal. The prosecution argued that this delay exemplifies Uganda’s fragile and inconsistent judicial capacity.
“The documents before you on the case record show that the International Crimes Division ICD was never meant to supplant the court with regard to top LRA leadership,” prosecutors said.
Traditional justice mechanisms also came under scrutiny. The prosecution highlighted that Kony rejected customary reconciliation rituals offered in the Acholi region, as well as amnesty programs. “Mr. Kony has rejected traditional justice mechanisms, including the Acholi traditional rituals, and even the amnesty process,” the prosecution told the chamber. Without the participation of the accused, these local processes cannot achieve the accountability required under international law.
A central theme of the hearing was the number of victims formally participating. Defence counsel argued that the victims could be as many as 200 and not 5,795 registered victims, a number too few to justify ICC intervention. The prosecution and victim representatives rejected this, arguing that the figure is both significant in its own right and representative of the broader population affected by the conflict.
“What matters are the thousands of people from affected communities in Northern Uganda following these proceedings as we speak, hoping for justice,” the prosecution said.
Francisco Cox, representing victims, stressed the importance of truth and accountability:
“Victims want truth. And it’s in their interest and it’s their right… The right to truth is intertwined with the right [to] realization of justice and guarantee of non-repetition.”
Victims’ representatives also recounted specific atrocities, including mass abductions of girls from Lwala Secondary School, where 70 girls were forced into sexual slavery by the LRA. These accounts are central to the charges against Kony, which include enslavement, forced marriage, sexual violence, murder, and recruitment of child soldiers.
“Seventy girls were abducted from Lwala. We saw them being taken to the bush. Some were married off to LRA soldiers, and some never returned.” Said Paolina Massidda also a CLRV prosecutor
The prosecution argued that these individual experiences are emblematic of the widespread suffering inflicted during the LRA conflict.
The defence argued that confirming charges without Kony in custody would be legally and practically futile.
Peter Haynes, Kony’s lead counsel, told the court:
“The elephant in the room is this has to stop somewhere. And it doesn’t matter whether you call it a stay or an adjournment or some other order of the court — without an accused, this case is at a dead end.”
Haynes cited the ICC’s Abdallah Banda case as precedent. Banda, a Darfur rebel commander, voluntarily appeared during the pre-trial confirmation stage in 2010. Pre-Trial Chamber I confirmed charges in 2011, but Banda failed to appear for trial. Judges reissued an arrest warrant in 2014, and the trial remains in limbo.
“Even if the charges are confirmed and the case moves to trial, nothing can happen until the accused appears. The Banda case demonstrates this: Banda appeared for the pre-trial hearing but did not avail himself for trial.” Haynes said.
The defence argued that moving the case forward would symbolically transform Kony from suspect to accused without producing any immediate accountability.
The prosecution reminded judges that precedent supports moving forward even when the accused is at large. They referenced the case of Dominic Ongwen, a former child soldier who rose to senior LRA leadership before being captured in 2015. Ongwen was convicted on 61 counts of war crimes and crimes against humanity and sentenced to 25 years’ imprisonment.
“The charges are based on specific material facts, and each fact is supported by sufficient evidence. This includes evidence on the estimation of the minimum number of victims. The evidence relied upon is probative and reliable, including the intercept evidence considered by Trial Chamber IX, whose findings were upheld on appeal,” the prosecution said.
The Ongwen case, they argued, demonstrates that even cases involving child soldiers who become commanders can be successfully prosecuted, reinforcing the legitimacy of proceeding against Kony.
Banda’s case illustrates both the potential and limits of ICC engagement. Banda appeared voluntarily before the ICC during the pre-trial stage, but later refused to attend trial, forcing the court to issue an arrest warrant. He remains at large, showing the challenge of prosecuting leaders who evade international justice.
Similarly, Uganda’s domestic courts have struggled with complex LRA cases. Kwoyelo’s ongoing appeal demonstrates that national mechanisms can be delayed or inconsistent, reinforcing the prosecution’s argument that the ICC remains necessary for credible accountability.
The prosecution emphasized the scale and gravity of Kony’s alleged crimes. More than 5,795 victims formally participated in the proceedings, covering abductions, forced recruitment of children, sexual enslavement, and widespread killings across Northern Uganda and neighbouring countries.
Prosecutors argued that the number of victims is indicative, not exhaustive, and that each victim’s testimony represents many more affected by LRA atrocities.
“This is not just about numbers. This is about the right to justice for thousands, if not tens of thousands, of affected individuals,” the prosecution said.
Victims’ lawyers added that the ICC provides a forum for voices that domestic mechanisms have ignored. Traditional processes, often cited by the defence, have failed to hold Kony accountable or provide meaningful redress.
If confirmed, Kony would formally become an accused, triggering the creation of a trial chamber. However, without his arrest, proceedings will be symbolic, leaving victims in a state of continued uncertainty. He faces multiple counts of war crimes and crimes against humanity, including rape, murder and forcible disappearances, and use of child soldiers.
