Today, 10 September 2025, the confirmation of charges hearing in the case The Prosecutor v. Joseph Kony concluded before Pre-Trial Chamber III of the International Criminal Court (ICC), composed of Judge Althea Violet Alexis-Windsor (Presiding Judge), Judge Iulia Motoc and Judge Haykel Ben Mahfoudh. The hearing was held in the absence of the suspect who was represented by Defence Counsel Peter Haynes, KC.
The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged. If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
After hearing the opening statements, submissions on the merits and final observations of the Prosecution, the Legal Representatives of the Victims and the Defence from 9 to 10 September 2025, the judges will now start their deliberations.
In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends. The Pre-Trial Chamber may then:
- confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber. In this case a trial would still require Mr Kony to be present before the ICC as there is no trial in absentia according to the ICC Rome Statute;
- decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Mr Kony;
- adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish t a crime other than the one charged was committed.
The Defence and the Prosecutor cannot directly appeal this decision. However they can request authorisation from the Pre-Trial Chamber to appeal it.
Background: The Warrant of Arrest for Joseph Kony was issued under seal on 8 July 2005, amended on 27 September 2005 and unsealed on 13 October 2005. He is suspected of crimes against humanity (murder, attempted murder, enslavement, forced marriage, rape, torture, severe abuse and mistreatment, forced pregnancy, and persecution) and war crimes (murder, attempted murder, torture, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, destroying the enemy's property, rape, sexual slavery, forced pregnancy, conscription of children and the use children to participate actively in hostilities) allegedly committed in 2003 and 2004 in northern Uganda.
On 12 December 2024, ICC Pre-Trial Chamber III scheduled the confirmation of charges hearing to commence on 9 September 2025, in the absence of the suspect. On 3 June 2025, the Appeals Chamber confirmed the decision on the criteria for holding confirmation of charges proceedings in absentia.
Related information:
• Case page: English, French
• Questions and Answers on the confirmation of charges: English, French
