The International Criminal Court judges will hear the war crimes charges against fugitive Ugandan warlord Joseph Kony in September after the court Tuesday slapped down an appeal from his defence team.
The Pre-Trial Chamber III of the ICC in October last year noted that all the requirements to hold a confirmation of charges hearing in the absence of the suspect Joseph Kony are now met and that the hearing would continue.
However, Kony’s defence team had challenged the decision.
On Tuesday, the appeal’s chamber composed of Judge Erdenebalsuren Damdin, and Judges Solomy Balungi Bossa, Kimberly Prost, Joanna Korner, and Gocha Lordkipanidze 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 and threw out the appeal by Kony’s lawyers.
The Warrant of Arrest for Joseph Kony was issued in 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.
