Today, 3 June 2025, the Appeals Chamber of the International Criminal Court (“ICC” or “Court”) delivered its judgment in the appeal of the Defence for Mr Joseph Kony against the decision of Pre-Trial Chamber III of 29 October 2024 entitled “Decision on the criteria for holding confirmation of charges proceedings in absentia”.
The Appeals Chamber in this appeal is composed of Judge Erdenebalsuren Damdin, Presiding Judge, who read a summary of the judgment in an open court hearing, and Judges Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze.
The Appeals Chamber confirmed Pre-Trial Chamber III’s decision that the ICC Rome Statute allows for the confirmation of charges hearing to proceed in absentia without requiring a suspect’s prior initial appearance in circumstances in which he or she “cannot be found”. The Appeals Chamber found that this interpretation is consistent with the object and purpose of the Statute and that it is not incompatible with the rights of the defence. It found that, indeed, the ICC Rome Statute provides adequately robust safeguards to protect the suspect’s fair trial rights even in cases where such an initial appearance has not taken place.
The Appeals Chamber thus confirmed, unanimously, the Impugned Decision.
Background: The Warrant of Arrest for Joseph Kony was issued under seal on 8 July 2005, amended on 27 September 2005 and unsealed on 13 October 2005. He is suspected of 12 counts of crimes against humanity (murder, enslavement, sexual enslavement, rape, inhumane acts of inflicting serious bodily injury and suffering) and 21 counts of war crimes (murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, inducing rape, and forced enlistment of children) allegedly committed in 2003 and 2004 in northern Uganda.
On 12 December 2024, ICC Pre-Trial Chamber III scheduled the confirmation of charges hearing in the case The Prosecutor v. Joseph Kony to commence on 9 September 2025, in the absence of the suspect.
