Key questions on warfare crime costs on the ICC

• Joseph Kony is suspected of 36 counts of warfare crimes and crimes towards humanity, allegedly dedicated between a minimum of 1 July 2002 till 31 December 2005 in northern Uganda.
• Ugandan Kony remains to be at massive, 19 years after his arrest was ordered by the Worldwide Prison Courtroom.
• On 12 December 2024, ICC judges scheduled the affirmation of costs listening to to start out on 9 September 2025, within the absence of the chief of the Lord’s Resistance Military (LRA).

1. WHO IS JOSEPH KONY?

Joseph Kony was born in September 1961 in Uganda. He’s of Acholi ethnicity and a nationwide of Uganda. He’s the alleged founder and chief of the Lord’s Resistance Military (“LRA”), a Ugandan insurgent group that originated in 1987 in northern Uganda amongst ethnic Acholi communities.

2. IS MR KONY IN THE ICC CUSTODY?

No, the suspect, Joseph Kony, remains to be at massive, 19 years after his arrest was ordered. Because the issuance of the arrest warrant towards him in 2005, the Worldwide Prison Courtroom (“ICC” or “Courtroom”) has been looking for the cooperation of all related nationwide authorities to arrest and give up him to the Courtroom.

3. WHAT ARE THE CHARGES AGAINST JOSEPH KONY?

Joseph Kony is suspected of 36 counts of warfare crimes and crimes towards humanity, allegedly dedicated between a minimum of 1 July 2002 till 31 December 2005 in northern Uganda.

The allegations towards Mr Kony concern having a typical plan along with different Lord Resistance Military’s (‘LRA’) members to commit collectively and thru others the next conduct, in addition to ordering and inducing LRA fighters to:

Deliberately directing assaults towards the civilian inhabitants as such; murdering civilians and trying to take action; torturing, and/or severely abusing and mistreating civilians and treating them cruelly; enslaving kidnapped civilians; pillaging and destroying property; and persecuting civilians on political grounds in addition to primarily based on their age and gender (counts 1-14).

These alleged crimes have been dedicated within the context of the LRA assaults on the Lwala Women Faculty on or about 24 June 2003 and the next assaults on internally displaced individuals’ (‘IDP’) camps: (i) Pajule IDP camp on or about 10 October 2003; (ii) Abia IDP camp on or about 4 February 2004; (iii) Barlonyo IDP camp on or about 21 February 2004; (iv) Odek IDP camp on or about 29 April 2004; (v) Pagak IDP camp on or about 16 Might 2004; (vi) Lukondi IDP camp on or about 19 Might 2004; and (vii) Abok IDP camp on or about 8 June 2004.

The Prosecution additionally costs Mr Kony with having perpetrated in the identical method crimes towards lots of of ladies and towards lots of of youngsters allegedly built-in into the LRA, within the interval of 1 July 2002 till 31 December 2005 in northern Uganda: enslaving the ladies and kids; sexual slavery of and forcing girls and women into marriage; raping girls and women; compelled being pregnant, torturing and/or severely abusing and mistreating and cruelly treating girls and kids. This conduct can also be charged as collectively amounting to persecution on the grounds of gender and/or age. As well as, the Prosecution costs the conscription of youngsters into the LRA, and utilizing them to take part actively in hostilities (counts 15-29).

Lastly, the Prosecution costs Mr Kony with immediately, that’s himself, perpetrating the crimes of enslavement, compelled marriage, torture, and sexual slavery in relation to a younger girl within the interval from July 2003 till September 2004 in northern Uganda and/or Sudan (counts 30- 36).

The Prosecution’s Doc Containing the Costs towards Mr Kony is obtainable in English and Acholi on the web site of the Worldwide Prison Courtroom.

4. WHAT IS THE LATEST DEVELOPMENT AT THE ICC IN RELATION TO THE KONY CASE?

On 12 December 2024, ICC judges scheduled the affirmation of costs listening to to start out on 9 September 2025, within the absence of the suspect.

The Chamber set this date in gentle of its obligation to make sure that ample time is supplied to: (i) the Prosecution, to correctly implement the directions given in separate selections concerning the disclosure of proof and the resubmission of the doc containing the fees; and

(ii) the Defence, to adequately put together for the affirmation of costs listening to.

On 4 March 2024, ICC judges had issued a choice on the Prosecutor’s request to carry a affirmation of costs listening to within the case towards Joseph Kony within the suspect’s absence, ought to he not seem, and set the date for this listening to, to start on 15 October 2024.

On 12 September 2024, Pre-Trial Chamber III postponed the affirmation listening to, having heard the views of the Defence, Prosecution, and Workplace of the Public Counsel for Victims . On 29 October 2024, Pre-Trial Chamber III determined that each one the necessities to carry a affirmation of costs listening to within the absence of the suspect Joseph Kony, have been met.

The Chamber additionally directed the Registry to finish notification and outreach actions in regards to the new date for the affirmation of costs listening to inside 30 days ranging from 6 January 2025, and to report on it to the Chamber no later than 14 February 2025.

5. ON WHAT BASIS DID THE ICC JUDGES DECIDE TO HOLD A CONFIRMATION OF CHARGES HEARING IN THE ABSENCE OF MR KONY?

The Rome Statute (the treaty establishing the ICC) permits for a listening to on the affirmation of the fees within the absence of a suspect, below particular circumstances. On this case, the judges discovered that

1. Mr Kony is an individual who ‘can’t be discovered’;
2. all affordable steps to safe his look and to tell him of the fees and the date of the affirmation of costs listening to have been taken, and
3. there’s trigger to carry the affirmation of costs listening to in his absence.

If the fees are confirmed, the case can solely proceed to trial if the accused is current earlier than the Trial Chamber. The existence of affirmation proceedings in absentia would serve to expedite the case towards a suspect who can’t be discovered.  Nevertheless, as held beforehand by the identical Chamber, this continuing is barely relevant in distinctive circumstances.

6. WHAT IS A CONFIRMATION OF CHARGES HEARING?

The affirmation of costs listening to is NOT A TRIAL. It’s a public preliminary listening to the place judges assess and determine whether or not or to not affirm all or any of the fees introduced by the Prosecutor towards a suspect – Joseph Kony, on this case. If any of the fees are confirmed, the case may be submitted for trial earlier than different ICC judges, however solely within the presence of the accused.

The Judges will hear oral submissions normally ranging from the Prosecution, adopted by the Authorized Representatives of the Victims and the Defence. The listening to is scheduled from 9 September 2025 and it normally lasts a number of days. Nearer to the listening to date, the Judges will concern an order with extra details about how it will likely be performed, its length, and whether or not or not witnesses will seem in individual or by way of video hyperlink.

7. WHAT KIND OF DECISIONS CAN THE ICC CHAMBER MAKE AT THE END OF CONFIRMATION OF CHARGES HEARING?

After the Affirmation of Costs listening to concludes, the Pre-Trial Chamber shall ship its written choice inside 60 days. The Judges of the Pre-Trial Chamber could:

1. Verify all or solely among the costs towards Mr Kony, however, on this case a trial would nonetheless require Mr Kony to be current earlier than the ICC as there isn’t any trial in absentia based on the ICC Rome Statute;
2. Decline all the fees and cease the proceedings towards Mr Kony (this occurs if the Judges determine that the obtainable proof just isn’t ample or sturdy sufficient to go to trial); or,
3. Adjourn the listening to and request the Prosecutor to supply extra proof, conduct extra investigations or change any cost for which the proof establishes a unique crime than the one charged.

If  the legal professionals of Mr. Kony or the ICC Prosecutor disagree with the Pre-Trial Chamber’s choice and wish to enchantment it, they should ask the Chamber for permission to take action. If the enchantment is authorised, it   can be determined by one other Chamber – the Appeals Chamber, which consists of 5 different Judges.

8. HOW WILL MR KONY BE DEFENDED BEFORE THE ICC, AND WHO WILL PAY FOR HIS DEFENCE?

All ICC suspects, together with Mr. Kony, are presumed harmless till confirmed responsible, and they’re entitled to authorized illustration when showing earlier than the Courtroom. In case the suspect doesn’t seem earlier than the Courtroom, the judges can appoint a lawyer to behave on the suspect’s behalf.

Concerning Mr. Kony’s authorized illustration, the Pre-Trial Chamber III ordered the appointment of Mr Peter Haynes, an skilled defence lawyer, as Counsel for Mr Kony to characterize his rights and pursuits in his absence through the affirmation of costs proceedings.

On 21 June 2024, Mr Haynes was formally appointed as Counsel for Mr Kony. The appointment adopted an open name for expression of curiosity, an evaluation of Counsels purposes by a panel and the ultimate advice submitted by the ICC Registry in a Report to ICC judges. On 27 August 2024, Ms Kate Gibson was appointed as affiliate counsel for Mr Joseph Kony.

In case Mr Kony is said indigent, the Courtroom will bear the price of the suspect’s defence in accordance with the authorized assist scheme.

9. WHAT IS THE ROLE OF THE DEFENCE IN THE CONFIRMATION OF CHARGES HEARING?

Mr Kony is a suspect within the proceedings and, like all ICC suspects, is presumed harmless until and till proved responsible earlier than the Courtroom in accordance with the relevant legislation.

The affirmation of costs listening to just isn’t a trial. The aim of the affirmation of costs is for the Pre-Trial Chamber to verify whether or not the Prosecutor has demonstrated ample proof to proceed to trial. The Judges can also decline the fees.

All through the listening to of the affirmation of costs, the Defence will take a look at the proof introduced by the Prosecutor and current any jurisdiction or admissibility challenges.

On the affirmation of costs stage, the Prosecution should show to the Pre-Trial Chamber that substantial grounds to consider that the fees towards the defendant exist such that the case can proceed to a trial. If costs are confirmed, the presumption of innocence persists and the burden on the Prosecution turns into one in every of demonstrating guilt of the fees past any affordable doubt for a Trial Chamber to declare an accused individual responsible of those costs. If not, the Judges would then declare him harmless.

10. WHERE WILL THE CONFIRMATION HEARING BE HELD: AT ICC HEADQUARTERS IN THE HAGUE OR IN UGANDA?

Trials takes place on the seat of the Courtroom in The Hague, until the judges determine to carry the trial elsewhere.

This concern has been raised on this case. Each the Prosecution and Defence have made observations on this matter. However the Chamber has not but rendered a choice on this risk.

11. WHAT IS THE ROLE OF VICTIMS AT THE CONFIRMATION STAGE?

Victims can take part within the proceedings earlier than the ICC, presenting their views and issues in any respect phases of the proceedings, together with through the affirmation of costs listening to.  This participation is finished by means of a number of frequent authorized representatives appointed by the Judges. The appropriate to take part could entail, amongst different issues, to make submissions to the Chamber, relying on sure circumstances to be determined by the judges.

12. ARE VICTIMS ABLE TO PARTICIPATE IN THE CONFIRMATION OF CHARGES IN ABSENTIA HEARING?

Sure. Within the Kony case, the Chamber has authorised victims to take part within the proceedings for the affirmation of costs listening to in absentia of Mr Kony. The Chamber additionally outlined the method for his or her participation. Victims, together with oblique victims resembling members of the family of direct victims or individuals who tried to stop the fee of crimes on direct victims, can apply to take part within the Kony case in the event that they suffered private hurt on account of the crimes alleged towards Mr Kony.

13. HOW CAN VICTIMS APPLY FOR PARTICIPATION IN THE PROCEEDINGS?

Victims within the Kony case who haven’t but utilized to take part in any ICC proceedings within the Uganda Scenario earlier than can fill in an software type for participation and ship it to the Victims Participation and Reparations Part (VPRS). Relying on their scenario, they will select between particular person or group varieties.

Upon receiving the purposes from the victims, the VPRS will overview them to make sure all required sections of the shape are accomplished, and all obligatory supporting paperwork are connected. Moreover, the VPRS will conduct a preliminary authorized evaluation to find out whether or not the crime(s) and hurt(s) described fall throughout the scope of the Kony case.

Victims which are already collaborating within the Ongwen proceedings earlier than the ICC and that additionally want to take part within the Kony proceedings wouldn’t have to fill in any new software type. They merely must notify their counsel within the Ongwen proceedings of their want and their knowledge, together with any additions victims with to make to their varieties, can be transferred to the Kony proceedings.

Between 2007 and 2009, the Judges of the ICC have authorised 41 victims to take part within the Kony et al. case, which initially had a broader scope involving a number of suspects, whereas the current case is barely towards Mr Kony as outlined within the Doc Containing the Costs (DCC). Ms Paolina Massidda, Principal Counsel and Ms Sarah Pellet, Counsel from the Workplace of Public Counsel for the Victims (OPCV), have been appointed as their authorized representatives.

To make sure honest therapy for all victims, the Judges within the present proceedings have determined that each one purposes have to be assessed primarily based on the identical standards, which can be outlined within the up to date DCC to be submitted by the Prosecutor by 17 April 2025.

Consequently, the purposes of the 41 victims beforehand admitted to take part within the Kony et al. case can be reassessed to make sure they meet the up to date DCC’s scope. These beforehand authorised 41 victims, likewise, aren’t required to fill in a brand new software type.

14. WHO ARE THE VICTIMS WHO CAN PARTICIPATE IN THE KONY CASE?

Direct and oblique victims who suffered hurt on account of the crimes alleged towards Mr Kony can apply to take part within the Kony case. The present DCC can be up to date by 17 April 2025, and it will likely be the premise to evaluate all purposes within the Kony case.

Based mostly on the present DCC, direct victims are:

1. People who suffered hurt on account of the crimes dedicated within the context of the assaults on seven IDP camps and the Lwala Women Faculty:

• Lwala Women Faculty – on or about 24 June 2003;
• Pajule and Lapul IDP Camp – on or about 10 October 2003;
• Abia IDP Camp – on or about 4 February 2004;
• Barlonyo IDP Camp – on or about 21 February 2004;
• Odek IDP Camp – on or about 29 April 2004;
• Pagak IDP Camp – on or about 16 Might 2004;
• Lukodi IDP Camp – on or about 19 Might 2004;
• Abok IDP Camp – on or about 8 June 2004.

2. Organisations or establishments that, within the assaults listed above, sustained direct hurt to their property devoted to faith, schooling, artwork or science or charitable functions, or their historic monuments, hospitals and different locations and objects for humanitarian functions.
3. Youngsters below the age of 18 (together with kids below the age of 15 and kids born in captivity) kidnapped and built-in into the LRA in northern Uganda, together with Acholi, Lango and Teso areas, between 1 July 2002 and 31 December 2005.
4. Feminine victims kidnapped and built-in into the LRA in northern Uganda, together with Acholi, Lango and Teso areas, between 1 July 2002 and 31 December 2005.
5. A feminine sufferer of crimes immediately dedicated by Mr Kony between July 2003 and September 2004 in northern Uganda and subsequently in Sudan.

Oblique victims are: people who suffered private hurt on account of crime(s) dedicated towards a direct sufferer. Oblique victims could embody:

(1) the members of the family of direct victims;

(2) anybody who tried to stop the fee of the crimes;

(3) people who suffered hurt when serving to or intervening on behalf of direct victims; and

(4) different individuals who’ve suffered private hurt on account of the crimes.

The Registry is launching a collection of data classes in all related areas of Uganda. If you’re on this course of, and/or wish to receive help filling in a type, please get in contact with the VPRS by electronic mail at VPRS.Info@icc-cpi.int or by telephone (or WhatsApp) at +256771406331 or +256772532830 (VPRS employees within the Uganda nation workplace).

15. WHAT IS THE ROLE OF THE LEGAL REPRESENTATIVES OF VICTIMS IN THE CONFIRMATION OF CHARGES HEARING?

A authorized consultant of victims is a lawyer who represents the pursuits of the victims within the proceedings. In the course of the affirmation of costs, solely the frequent authorized representatives of victims appointed by the Judges can be allowed to characterize the victims and seem within the courtroom to observe the proceedings and to precise the victims’ views and issues concerning the fees alleged and the proof introduced by each events.

After consulting with the victims, they are going to be capable to converse through the affirmation listening to on behalf of the victims and intervene on any concern of truth or legislation arising from the listening to that impacts the pursuits of the victims.

16. WHO ARE THE VICTIMS’ REPRESENTATIVES AT THE CONFIRMATION OF CHARGES STAGE IN THE KONY CASE?

Within the Kony case, the Chamber appointed Mr Manoba, Mr Cox, Mr Bradfield, in addition to Ms Massidda and Ms Pellet of the OPCV, collectively as a single staff of frequent authorized representatives of any admitted victims within the current case.

Their mandate will take impact as quickly because the Judges concern a choice admitting victims to take part within the Kony case proceedings. This can happen after the brand new DCC can be submitted. Within the meantime, the Judges determined that the OPCV will characterize the collective pursuits of potential victims.

17. ARE VICTIMS OF ALLEGED CRIMES COMMITTED BY MR KONY ENTITLED TO ASK FOR REPARATIONS AT THE ICC?

Victims have the precise to request reparations (and the precise to take part in proceedings) in relation to any case throughout the jurisdiction of the ICC, together with the Kony case, in the event that they suffered private hurt on account of the crimes alleged towards the suspect/accused.

Earlier than the ICC, reparations may be awarded provided that the fees towards the suspect have been confirmed and if the accused individual has been convicted following a trial – and due to this fact not simply after the conclusion of the affirmation of costs proceedings.  Within the Kony case, the trial section can begin provided that the fees are confirmed, and Mr Kony is arrested and delivered to courtroom. The trial can’t transfer ahead till Mr Kony is in custody.

18. IS THE CASE OF JOSEPH KONY RELATED TO THAT OF DOMINIC ONGWEN?

No. On 6 February 2015, the ICC Judges severed the proceedings towards Dominic Ongwen from the case of The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen. Because the Judges by then had confirmed the deaths of two of the suspects and terminated proceedings towards them, and the others remained at massive, the Judges deemed it essential to separate the case in order to not delay the proceedings towards Mr Ongwen who was already within the custody of the Courtroom. The separation of those instances, they’re now dealt with as totally different instances, separate proceedings and dealt with by totally different ICC judges.

The trial within the case of Mr Ongwen opened on 6 December 2016 and concluded in March 2020 after the submission of closing statements by the events and members. On 4 February 2021, Trial Chamber IX discovered Dominic Ongwen responsible for a complete of 61 crimes comprising crimes towards humanity and warfare crimes, dedicated in Northern Uganda between 1 July 2002 and 31 December 2005.

On 6 Might 2021, Trial Chamber IX sentenced Dominic Ongwen to 25 years of imprisonment, and he has been transferred to Norway to serve his sentence. A section devoted to the reparations to victims within the Ongwen case is ongoing. On 28 February 2024, Trial Chamber IX delivered its Order on Reparations to victims.