Kony will not be tried in absentia, says ICC registrar

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The International Criminal Court (ICC) registrar Osvaldo Zavala Giler has revealed that Joseph Kony, the wanted leader of the Lord’s Resistance Army (LRA) rebel group, will not be tried in absentia.

He said the ICC is working very hard in cooperation with the state parties in cooperation with the Government of Uganda to arrest him for trial.

Giler made the explanation during a 40-minute-long media breakfast meeting at Hotel Africana in Kampala on May 14, 2024.

“Following the prosecution request to the ICC judges, the pre-trial chamber will hold a confirmation of charges hearing against Kony on October 25, 2024, in his absence.  

However, confirmation of charges is not a trial and his trial will not happen without his presence. If the case goes to trial, it cannot start in his absence,” Giler said.

Giler said they have taken all reasonable steps to inform Kony of the charges against him as set out in a document containing the charges.

Osvaldo Zavala Giler, Registrar International Criminal Court (middle) with Maria K.Mabinty ICC Outreach Officer, Uganda (right) after a media breakfast meeting at Hotel Africana on Tuesday 14th May,2024 (Photo by Mpalanyi Ssentongo)

In preparation for the anticipated pre-trial, Giler said his office has now commenced the process of identifying and assigning him a lawyer to represent him and his interest during the pre-trial hearing because he is still presumed innocent until proven guilty and he is thus entitled to legal representation.

The ICC issued an arrest warrant against Kony about 19 years ago but he is yet to be arrested or surrender himself to the court for trial.

Kony is wanted over the atrocities committed by the LRA. LRA became notorious for abducting thousands of children to use as soldiers or sex slaves, and for mutilating civilians.

It is believed that more than 100,000 people were killed because of the LRA insurgency between 1987 and 2012 while between 60,000 and 100,000 children were abducted in northern Uganda.

In 2005, the LRA was forced out of Uganda by the army and the rebels went into what is now South Sudan. They eventually set up camp in the border area with the Democratic Republic of Congo.

They later moved to the Central African Republic where they acted more like a criminal outfit engaging in poaching and illegal mining.

In November this year, ICC prosecutor Karim Khan asked judges of the court to confirm charges against Kony in his absence as he remains at large.

Reparations to Ongwen’s victims

In regard to the €52.5m (about sh223b) reparation order to the victims of Dominic Ongwen, the jailed ex-LRA rebel group commander, Giler said the process has been commenced.

Given that Ongwen is indigent and has no means to pay reparation, Giler said the trust fund for victims will be responsible for raising the funds required for the implementation of the provisions of the reparation programmes.

“The trust fund for victims has initiated consultations with various stakeholders to prepare the draft implementation plan for the reparation order by the trial chamber which is due to be disseminated by September 3, 2024,” Giler confirmed.  

While Ongwen has since filed a notice of appeal asking the appeals chamber to suspend the implementation of the reparation order until the judgment on appeal is issued, Giler said this cannot stop them from proceeding with the reparation process.

“We cannot estimate how long the appeal chamber will take to rule on the defence appeal, however, since there is no decision from the appeals chamber yet, all administrative procedures and procedural preparations as provided in the reparation order are underway.

So, we are already implementing the reparation order unless otherwise instructed by the appeals chamber,” Giler said.

Giler commended the Ugandan media for its objective reporting about the court proceedings which he said has been instrumental for the court.  

About the ICC

The ICC is a creature of the Rome statute adopted on July 17, 1998, and its primary mission is to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole.