On June 3, 2025, the Appeals Chamber of the International Criminal Court upheld a landmark decision allowing confirmation of charges proceedings to proceed in absentia against fugitive Ugandan warlord Joseph Kony. This ruling establishes crucial precedent for international criminal law when suspects successfully evade capture for extended periods. The Appeals Chamber confirmed that Article 61(2)(b) of the Rome Statute permits such proceedings when a suspect “cannot be found” and all reasonable steps have been taken to secure their appearance, even without a prior initial appearance before the Court. Kony faces 33 counts—12 for crimes against humanity and 21 for war crimes committed during his leadership of the Lord’s Resistance Army (LRA) in Uganda. During this period, his forces systematically abducted thousands of civilians, particularly children, while forcing women and girls into sexual slavery, marriage, and forced pregnancies. These acts constituted violations of the Geneva Conventions of 1949 and Additional Protocols of 1977. The ICC issued its first arrest warrant against Kony in 2005, and in 2023, Pre-Trial Chamber II of the ICC authorized in absentia proceedings to confirm the charges. Despite efforts by US special agents, UN soldiers, and an African Union task team operating across the region, Kony has evaded capture for 19 years.

The confirmation hearing is scheduled for September 9, 2025. In accordance with due process principles, Pre-Trial Chamber II has ordered legal counsel to represent Kony during the proceedings.