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Appeals judges at the International Criminal Court (ICC) on Tuesday authorized the tribunal’s landmark in absentia hearing, paving the way for trial proceedings against the fugitive Ugandan rebel leader Joseph Kony to move forward despite his continued evasion of arrest.
Judicial proceedings at the ICC are comprised of two phases at the first instance trial level, which are the confirmation and trial proceedings, enshrined under Article 61 and Article 62 of the Rome Statute, respectively.
Article 61(2)(b) of the Rome Statute provides that ‘in absentia’ hearings can be held in the event that the suspect’s location is untraceable and “reasonable steps had been taken to secure his or her appearance before the Court.” After determining that Kony fell under the prerequisite of an individual who cannot be found, the court was then asked to order the prosecution to employ alternative means to inform Kony of the charges levied against him. Although the Rome Statute does not explicitly prohibit trials in absentia, the consensus in international law is that trials held in absentia are looked down upon due to the need to preserve an individual’s right to a fair trial.
The issue of in absentia proceedings, Latin for ‘in the absence’, against Joseph Kony dates back to 2023, when Pre-Trial Chamber II of the ICC issued a preliminary decision to confirm charges against him despite his absence.
The first arrest warrant issued by the ICC against him back in 2005 for 12 counts of crimes against humanity and 21 counts of war crimes failed to successfully lead to his detainment, and he remains at large 19 years on. During his time as leader of the Lord’s Resistance Army (LRA), Joseph Kony gained notoriety for his brutality, with his soldiers abducting, mutilating, and murdering thousands of civilians, especially children. The LRA frequently committed gross violations of international humanitarian law, specifically the Geneva Conventions of 1949 and Additional Protocols of 1977, by forcing women and girls into marriage, sexual slavery, torture, and forced pregnancies.
In an effort to ensure collective justice, the ICC had procured the help of US Special Agents, UN Soldiers, and an African Union task team supported by members of the army in LRA stronghold regions to detain him, an effort that has unfortunately yielded no substantial information on his whereabouts. Since the ICC’s Office of the Prosecutor (OTP) has confirmed that his confirmation of charges hearing will start on September 9, 2025, in accordance with the principle of innocent until proven guilty, the Pre-Trial Chamber III had ordered legal representation on his behalf.
A confirmation of charges hearing is not the same as a trial, but a public preliminary hearing where judges assess whether to confirm the charges after listening to oral submissions from the Prosecution, Victims, and the Defence.
The post ICC appeals judges approve first-ever ‘in absentia’ hearing against Uganda warlord Joseph Kony appeared first on JURIST - News.
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Judicial proceedings at the ICC are comprised of two phases at the first instance trial level, which are the confirmation and trial proceedings, enshrined under Article 61 and Article 62 of the Rome Statute, respectively.
Article 61(2)(b) of the Rome Statute provides that ‘in absentia’ hearings can be held in the event that the suspect’s location is untraceable and “reasonable steps had been taken to secure his or her appearance before the Court.” After determining that Kony fell under the prerequisite of an individual who cannot be found, the court was then asked to order the prosecution to employ alternative means to inform Kony of the charges levied against him. Although the Rome Statute does not explicitly prohibit trials in absentia, the consensus in international law is that trials held in absentia are looked down upon due to the need to preserve an individual’s right to a fair trial.
The issue of in absentia proceedings, Latin for ‘in the absence’, against Joseph Kony dates back to 2023, when Pre-Trial Chamber II of the ICC issued a preliminary decision to confirm charges against him despite his absence.
The first arrest warrant issued by the ICC against him back in 2005 for 12 counts of crimes against humanity and 21 counts of war crimes failed to successfully lead to his detainment, and he remains at large 19 years on. During his time as leader of the Lord’s Resistance Army (LRA), Joseph Kony gained notoriety for his brutality, with his soldiers abducting, mutilating, and murdering thousands of civilians, especially children. The LRA frequently committed gross violations of international humanitarian law, specifically the Geneva Conventions of 1949 and Additional Protocols of 1977, by forcing women and girls into marriage, sexual slavery, torture, and forced pregnancies.
In an effort to ensure collective justice, the ICC had procured the help of US Special Agents, UN Soldiers, and an African Union task team supported by members of the army in LRA stronghold regions to detain him, an effort that has unfortunately yielded no substantial information on his whereabouts. Since the ICC’s Office of the Prosecutor (OTP) has confirmed that his confirmation of charges hearing will start on September 9, 2025, in accordance with the principle of innocent until proven guilty, the Pre-Trial Chamber III had ordered legal representation on his behalf.
A confirmation of charges hearing is not the same as a trial, but a public preliminary hearing where judges assess whether to confirm the charges after listening to oral submissions from the Prosecution, Victims, and the Defence.
The post ICC appeals judges approve first-ever ‘in absentia’ hearing against Uganda warlord Joseph Kony appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.