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Jurist ICC confirms charges of war crimes and crimes against humanity against Uganda military leader

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Dadparvar

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Nov 11, 2016
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The International Criminal Court (ICC) rendered a decision in absentia on Thursday confirming 39 charges of crimes against humanity and war crimes against Ugandan military leader Joseph Kony, thus committing him to trial.

Pre-Trial Chamber III of the ICC found that, according to articles 61(2)(b) and 61(7) of the Rome Statute, there were substantial grounds to believe that Joseph Kony was responsible for war crimes and crimes against humanity allegedly perpetrated between July 1, 2002, and December 31, 2005, during the Lord’s Resistance Army (LRA)‘s insurgency against the Ugandan government.

The confirmation of charges procedure is a process that precedes a trial before the ICC and aims to determine whether there is compelling evidence to believe that the suspect committed the crimes with which he was charged. The main purpose of this procedure is to decide whether the case is sufficiently established to warrant a trial, thereby protecting the suspect from unfounded accusations.

Based on the prosecution’s evidence, the court confirmed that Kony was the direct perpetrator of 10 charges of crimes against humanity and war crimes during the Ugandan conflict. These include enslavement, rape, torture, and persecution on age and gender as crimes against humanity, as well as the war crimes of rape, torture, and sexual slavery.

The ICC also found substantial grounds to believe that Kony was an indirect co-perpetrator in 29 charges of crimes committed by LRA members under his command. These crimes occurred during attacks on schools and other facilities amid the armed conflict. The charges include crimes against humanity such as murder, torture, enslavement, forced marriage, rape, and persecution, as well as the war crimes of intentionally directing attacks against civilians, murder, and torture. Additionally, the court confirmed that Kony was responsible for recruiting children under 15 into the LRA, involving them in hostilities, sexual slavery, pillaging, and destroying property, which is strictly prohibited under international law.

Joseph Kony is the leader of the LRA, an armed group he formed in 1987 that launched an insurgency against then-President Yoweri Museveni and his government. This insurgency resulted in an armed conflict that has been going on for 38 years, in addition to plunging the country into a dire humanitarian crisis. During his time as leader of the LRA, Kony was known for his brutality due to reports of him committing and ordering abductions, murders of civilians, mutilations, rapes, and destruction of villages.

In 2005, the ICC issued an arrest warrant for Kony and three other LRA members for war crimes and crimes against humanity. While the other members have died, which terminates the proceedings against them, Kony remains at large. A confirmation of charges hearing was initially scheduled for October 15, 2024, but was postponed at the request of the prosecution and defense. In June 2025, the ICC’s Appeals Judges approved the hearing in absentia, which ultimately took place on September 9 and 10, 2025. Kony’s case continues, but although the confirmation of charges took place in his absence, the Rome Statute requires his presence before the ICC for trial.

The post ICC confirms charges of war crimes and crimes against humanity against Uganda military leader appeared first on JURIST - News.

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