Appeal judges at the International Criminal Court (ICC) approved the tribunal’s first in absentia hearing, against Joseph Kony, a notorious Ugandan rebel fugitive, allowing proceedings to moved forward in spite his absence on Tuesday.
The Hague-based court has scheduled a so-called confirmation of charges hearing at which prosecutors will present evidence in September to back up charges of war crimes and crimes against humanity against Kony, in spite his whereabouts being unknown.
Kony, the leader of the brutal Lord’s Resistance Army, faces dozens of counts of crimes against humanity and war crimes, including murder, sexual enslavement and rape.
The ICC’s rules do not allow trials entirely in absentia but can in some circumstances move forward with a confirmation of charges even if the suspect is not in custody.
Kony’s court appointed lawyers had argued his fair trial rights would be violated if the proceedings continued without their client.
Judge Erdenebalsuren Damdin said the court has “adequately robust safeguards” for suspects to allow the confirmation of charges hearing to be held in absentia.
The case had been seen as a trial balloon for the court moving forward with other cases where the suspect is not in custody, such as Israeli Prime Minister Benjamin Netanyahu or Russian President Vladimir Putin.
However, the Kony decision was limited to situations where the wanted person has fled ICC custody or cannot be found, says Luigi Prosperi, an international criminal law expert at the University of Utrecht. Kony “is a very peculiar situation,” he told The Associated Press.
Kony was thrust into the global spotlight in 2012 when a video about his alleged crimes went viral.
In spite of the attention and international efforts to capture him, he is still at large.
The LRA began its attacks in Uganda in the 1980s, when Kony sought to overthrow the government.
After being pushed out of Uganda, the militia terrorised villages in Congo, Central African Republic and South Sudan, it was notorious for using child soldiers, mutilating civilians and enslaving women.
In 2021, the court convicted Dominic Ongwen, a one-time child soldier who morphed into a brutal LRA commander of dozens of war crimes and crimes against humanity, ranging from multiple murders to forced marriages.
