THE HAGUE, Netherlands — The International Criminal Court is set to begin a historic in absentia hearing for fugitive Ugandan rebel leader Joseph Kony on Tuesday, marking the first time the global court will proceed with a case without the suspect in custody.
Kony, the founder and leader of the Lord’s Resistance Army (LRA), faces 39 counts of war crimes and crimes against humanity, including murder, rape, sexual enslavement and the enlisting of child soldiers. The charges stem from atrocities allegedly committed in northern Uganda in 2003 and 2004.
The hearing, known as a confirmation of charges, is not a trial but allows prosecutors to present their evidence. While a defense lawyer will represent Kony in his absence, a trial cannot take place unless he is detained by the ICC. After weighing the evidence, judges will decide whether to confirm the charges.
The court issued a warrant for Kony’s arrest two decades ago for his alleged role in leading the brutal group, which became infamous for kidnapping children and mutilating captives.
This proceeding is seen as a test case for the ICC, which may need to move forward with other cases where suspects are unlikely to be detained, such as Israeli Prime Minister Benjamin Netanyahu or Russian President Vladimir Putin.
“Everything that happens at the ICC is precedent for the next case,” said Michael Scharf, a professor of international law at Case Western Reserve University.
Scharf noted that while the locations of Netanyahu and Putin are known, Kony has eluded U.S. special forces and a $5 million reward. He also pointed out that the warrants for Netanyahu and Putin were issued recently, whereas Kony has been wanted since 2005.
The LRA, which started its attacks in the 1980s in an attempt to overthrow the Ugandan government, was pushed out of the country and later terrorized villages in Congo, the Central African Republic and South Sudan.
For many in Uganda, where Kony’s crimes are well-remembered, the hearing is a welcome development, even as they regret that he remains at large.
“He did many things bad,” said Odong Kajumba, who was captured by the LRA in 1996 and forced to carry a sack of sugar to the border. “If they can arrest Kony, I am very happy.”
However, not everyone agrees with the proceedings.
“Why do you want to try a man you can’t get? They should first get him,” said Odonga Otto, a former lawmaker from northern Uganda. He called the hearing “a mockery” and argued that court proceedings are more meaningful for victims and survivors when the suspect is in custody.
