In a historic move on September 9, 2025, the International Criminal Court (ICC) in The Hague began its first-ever in absentia hearing against Joseph Kony, the elusive leader of Uganda’s Lord’s Resistance Army (LRA). The hearing, unprecedented in the ICC’s history, marks a significant moment for international justice, as prosecutors lay out a detailed case against a fugitive who has evaded capture for decades despite a global manhunt and a $5 million reward for his arrest.
Kony, born in September 1961 and once a Catholic altar boy, is accused of orchestrating a reign of terror across northern Uganda and neighboring countries since the 1980s. Over four decades, his LRA insurgency has been blamed for more than 100,000 deaths and the abduction of at least 60,000 children, according to United Nations estimates. The charges against Kony are staggering: 39 counts of war crimes and crimes against humanity, including murder, rape, torture, enslavement, and sexual slavery, allegedly committed between July 2002 and December 2005.
The ICC’s confirmation of charges hearing, which will run for three days, is not a trial in the traditional sense. Rather, it serves as a critical procedural step, allowing the prosecution to present evidence and outline its arguments before a panel of judges. After reviewing the evidence, the judges will decide within 60 days whether the charges merit a full trial. However, as Kony remains outside the court’s jurisdiction, no trial can proceed unless he is apprehended and brought to The Hague.
During the opening session, Sarah Pellet, a lawyer representing the victims, recounted harrowing stories of atrocities committed by the LRA. "The victims had no choice when they were forced to watch killings. They had no choice when they were made to kill. They had no choice when their bodies were turned into tools of war," Pellet told the court, as reported by AFP. She described the ordeal of an 11-year-old girl abducted by LRA fighters and forced to become a "wife," underscoring the systematic sexual violence and enslavement of children. Pellet added, "Children enslaved, subjected to sexual violence day after day, their humanity reduced to the whims of men who treated them as property."
The prosecution, led by Mame Mandiaye Niang, presented graphic video evidence, including footage of bodies being pulled from the ashes of burned-out houses. According to CNN, Niang emphasized that the scars of the LRA’s crimes are still deeply felt in Uganda. "Scarred in their body and spirit, survivors still struggle to recover from the ordeal they endured. The social and cultural fabric of Uganda has been torn apart and they are struggling to recover," Niang told the court.
The Lord’s Resistance Army began its campaign in the 1980s with the stated aim of toppling the Ugandan government and establishing a state based on the Bible’s Ten Commandments. However, survivors and witnesses have described a campaign of unrelenting cruelty—villages torched, civilians butchered, and children forced to commit unspeakable acts. Some former abductees recounted being made to hack or bite others to death, eat human remains, and drink blood. One victim, quoted by Pellet, said, "The rebels shot at me, forcing me to throw my baby down to run for my life. I still do not know where my child is."
Kony’s methods included the widespread use of child soldiers, forced labor, and sexual slavery for women and girls. After being pushed out of Uganda, the LRA shifted its operations to the Democratic Republic of Congo, the Central African Republic, and South Sudan. Despite years of international pursuit—including efforts by American special forces—Kony has managed to remain at large. As of June 2024, a UN panel reported that he was thought to have left Sudan due to the ongoing civil war there, relocating to a remote part of the Central African Republic. His last known public appearance was in 2006, when he denied being a terrorist and dismissed reports of LRA brutality as "propaganda." Whether he is still alive remains uncertain.
The ICC’s in absentia proceedings have drawn mixed reactions among Ugandans and legal experts. In Gulu, northern Uganda, around 200 people gathered at a local school to watch the hearing live. Richard Ochola, a 34-year-old farmer, told AFP, "Watching the screen without seeing Kony’s face is not satisfying at all. Our dream is to have Kony face trial, denying or confirming he killed people. What we are watching at the moment is no different from watching a movie produced in a foreign country, because inside the courtroom, there are no people we know or we can relate to our suffering."
Critics of the in absentia process argue that prosecuting a fugitive who cannot defend himself in person raises questions about fairness and the impact on survivors seeking closure. Kony’s court-appointed defense lawyer, Peter Haynes, echoed these concerns, stating, "The empty chair affected the defense’s preparation." He added that his team would argue that "the charges, or at least some of them, are formally impermissible or legally incorrect." According to CNN, the defense maintains that the proceedings violate Kony’s right to a fair trial.
Despite these criticisms, the ICC insists that the hearing serves a crucial purpose. Prosecutor Niang argued that advancing the case in this way means a quicker trial could take place if Kony is ever captured. "This hearing will advance proceedings in a tangible way," he said. The case is also viewed as a test for the ICC’s ability to prosecute suspects who evade capture—a scenario that may become more common in the future. Observers have noted that this precedent could apply to high-profile cases involving other world leaders, such as the Prime Minister of Israel or the President of Russia, who have also been the subject of ICC warrants.
The LRA’s legacy continues to haunt Uganda and its neighbors. The conviction of former LRA commander Dominic Ongwen in 2020—on 61 charges including killings, rape, forced marriages, and the recruitment of child soldiers—provided some measure of justice. Ongwen is currently serving a 25-year sentence in Norway, demonstrating that, while elusive, accountability is possible when perpetrators are brought before the court.
The ICC, established as the world’s only permanent international court with jurisdiction over genocide, crimes against humanity, and war crimes, steps in only when national courts are unwilling or unable to prosecute. The Kony hearing, therefore, is not just about one man but about the global community’s determination to confront impunity, even when justice seems just out of reach.
As the confirmation of charges hearing continues, survivors and observers alike are left hoping that one day, Joseph Kony will be brought to face justice in person. For now, the empty chair in The Hague stands as both a symbol of the challenges of international justice and a testament to the resilience of those who refuse to forget.