By Willy Chowoo
The International Criminal Court (ICC) is stepping up efforts to apprehend Joseph Kony, the elusive leader of the Lord’s Resistance Army (LRA), who has evaded justice since his indictment in 2005. Despite nearly two decades of pursuit, Kony remains at large, prolonging the suffering of countless victims of his alleged atrocities.
At a press conference held in Gulu City on November 18, 2024, Senior Trial Lawyer Leonie van Braun from the ICC Office of the Prosecutor revealed a significant development: the court has resolved to confirm charges against Kony in absentia. This decision, sanctioned by ICC judges, allows pre-trial proceedings without the suspect’s presence under the Rome Statute. However, a full trial can only proceed once the accused is in custody.
“We have reinvigorated our efforts with Uganda’s authorities and regional partners,” Van Braun stated. “We will not stop until Joseph Kony is arrested.”
Renewed Strategies Amid Challenges
The ICC has faced criticism for its inability to execute arrest warrants due to its lack of enforcement mechanisms. Van Braun acknowledged these challenges, emphasizing the court’s reliance on member states and the international community for support. “Having him arrested is our main priority,” she affirmed.
Efforts to advance the case gained momentum following the appointment of a new ICC Prosecutor in 2021. The court aims to confirm the charges against Kony by 2025, though the exact dates and modalities, including the participation of victims, are yet to be finalized.
The Case Against Kony
Joseph Kony faces 36 counts of war crimes and crimes against humanity, including murder, enslavement, sexual slavery, forced conscription of child soldiers, and abduction. These crimes were allegedly committed between July 1, 2002, and December 31, 2005, in northern Uganda.
The ICC initially issued arrest warrants for Kony and his top commanders—Raska Lukwiya, Okot Odhiambo, and Vincent Otti—on July 8, 2005. However, proceedings against the three were terminated following their deaths.
In January 2024, the ICC expanded its case against Kony, adding charges linked to attacks on internally displaced persons (IDP) camps in Barlonyo, Abok, and Abia (Lango sub-region), as well as Pagak, Pajule, Lukodi, and Odek (Acholi sub-region). The prosecution also brought charges for the abduction of between 70 and 140 girls from Lwala Girls’ School, along with the conscription of hundreds of children under 18 as fighters and slaves.
“The LRA systematically enslaved girls for forced labor, sexual exploitation, and child soldiering,” Van Braun explained. “We have also charged Kony with the enslavement and forced pregnancies of women coerced into becoming ‘wives’ of LRA commanders.”
Prospects for a Hearing in Uganda
The ICC Prosecutor’s Office has requested that the confirmation hearing for Kony take place in Uganda—his home country. Potential venues include Gulu, Lira, or Kampala. However, this requires a feasibility assessment by the ICC Registry, covering logistics, security, and other operational considerations.
Dahirou Sant-Anna, International Cooperation Advisor at the ICC, noted Uganda’s capacity to host such a case, citing the conviction of former LRA commander Thomas Kwoyelo. Kwoyelo was sentenced to 40 years in prison by Uganda’s International Crimes Division in Gulu for war crimes and crimes against humanity.
Renewed Hope for Justice
For survivors of Kony’s brutal campaign, the ICC’s latest moves offer a glimmer of hope. By expanding charges and exploring options to bring justice closer to victims, the court seeks to hold Kony accountable for his crimes, even as his evasion persists.
The world now watches to see if these intensified efforts will finally lead to the arrest of Joseph Kony, ensuring justice for his countless victims and setting a precedent for accountability in international law.
