The Prosecutor v. Joseph Kony
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The warrants of arrest in this case were issued under seal on 8 July 2005 and unsealed on 13 October 2005. The suspect Joseph Kony is still at large. While the case originally involved Raska Lukwiya, Okot Odhiambo and Vincent Otti, proceedings against them were terminated due to their passing.
On 23 November 2023, Pre-Trial Chamber II issued a preliminary decision on the Prosecutor’s Request to hold a confirmation of charges hearing in Mr Kony’s absence. The Prosecutor filed the Document Containing the Charges on 19 January 2024. On 4 March 2024, Pre-Trial Chamber II issued a decision on the Prosecutor’s request to hold a confirmation of charges hearing in the case against Joseph Kony in the suspect’s absence, should he not appear, and set the date for this hearing, to commence on 15 October 2024.
On 12 September 2024, Pre-Trial Chamber postponed the commencement of the confirmation hearing scheduled for 15 October 2024, following the Defence, Prosecution, and Office of the Public Counsel for Victims observations. On 29 October 2024, Pre-Trial Chamber III issued a decision concluding that all the requirements to hold a confirmation of charges hearing in the absence of the suspect Joseph Kony are now met.
On 17 April 2025, the Office of the Prosecutor submitted an Amended Document Containing the Charges. According to it, Joseph Kony is suspected of 39 counts of war crimes and crimes against humanity, allegedly committed between at least 1 July 2002 until 31 December 2005 in northern Uganda.
The confirmation of charges hearing in the Kony case took place on 9 and 10 September 2025 at the seat of the Court in The Hague. The hearing was held in the absence of the suspect, who was represented by Defence Counsel Peter Haynes, KC. On 6 November 2025, Pre-Trial Chamber III confirmed all the 39 charges brought by the Prosecutor in the Kony case and committed Mr Kony to trial before a Trial Chamber.
Next steps: Although the charges are confirmed, this trial would require Mr Kony to be present before the ICC as trials cannot be held in the suspect’s absence, according to the ICC Rome Statute, the Court’s founding treaty.
Document containing the charges – Office of the Prosecutor, 19 January 2024
Amended Document Containing the Charges – Office of the Prosecutor, 17 April 2025
Decision on the Prosecution’s request to hold a confirmation of charges hearing in the Kony case in the suspect’s absence’ – Pre-Trial Chamber II, 23 November 2023
Second decision on the Prosecution’s request to hold a confirmation of charges hearing in the Kony case in the suspect’s absence – Pre-Trial Chamber II, 4 March 2024
Decision on the criteria for holding confirmation of charges proceedings in absentia – Pre-Trial Chamber III, 29 October 2024
Judgment on the appeal of Mr Joseph Kony against the decision of Pre-Trial Chamber III of 29 October 2024 entitled “Decision on the criteria for holding confirmation of charges proceedings in absentia” – Appeals Chamber, 3 June 2025
Pre-Trial Chamber III
Judge Althea Violet Alexis-Windsor
(Presiding)
Judge Iulia Motoc
Judge Haykel Ben Mahfoudh
Office of the Prosecutor
Mr Karim Khan KC
Mr Mame Mandiaye Niang
Defence
Mr Peter Haynes KC
Ms Kate Gibson, Associate Counsel
Legal Representatives of the Victims
The Office of Public Counsel for Victims
Ms Paolina Massidda
Ms Sarah Pellet
Situation Uganda referred to the ICC
Government of Uganda refers situation to the ICC.
ICC-02/04-01/05
Investigations begin in Uganda
OTP opens investigations in Uganda, makes public announcement.
ICC-02/04-01/05
Arrest warrants requested
OTP submits application to Pre-Trial Judges requesting arrest warrants for 5 suspects: Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya
ICC-02/04-01/05
Arrest warrants issued under seal
Pre-Trial Judges issue arrest warrant under seal for the 5 suspects.Arrest Warrants:Vincent OttiOkot OdhiamboDominic OngwenRaska LukwiyaJoseph KonyPress release
ICC-02/04-01/05
Request for cooperation
Pre-Trial Judges ask the Democratic Republic of the Congo (DRC) and the Republic of Sudan to search for, arrest, detain and surrender the suspects to the Court
ICC-02/04-01/05
Arrest warrants unsealed
Pre-Trial Judges unseal the arrest warrants
ICC-02/04-01/05
Proceedings against Mr Lukwiya terminated
Pre-Trial Judges terminate proceedings against Mr Lukwiya following his death on 12 August 2006 Press release
ICC-02/04-01/05
Admissibility proceedings
Pre-Trial Judges initiate proceedings to determine the admissibility of the case, appointed a Defence Counsel, and invited the Prosecutor, the Defence, the Government of Uganda and victims, to submit their observations
ICC-02/04-01/05
Decision: Case declared admissible
Pre-Trial Chamber II determines the case is admissible
ICC-02/04-01/05
Appeals Chamber confirms admissibility
Appeals Chamber confirms Pre-Trial Chamber II's admissibility decision in response to Defence appeal
ICC-02/04-01/05
Mr Ongwen surrenders (See Ongwen case)
ICC-02/04-01/05
Mr Ongwen transferred to ICC custody (See Ongwen case)
Mr Ongwen transferred and surrendered to the ICC through cooperation with the United Nations and in particular the MINUSCA, and the authorities of Central African Republic, Uganda, the United States of America, Belgium and the Netherlands (the ICC host State), as well as to the African Union.Press release
ICC-02/04-01/05
Mr Ongwen's first appearance (See Ongwen case)
Pre-Trial phase begins as Mr Ongwen has first day in Court before Judges of Pre-Trial Chamber II
ICC-02/04-01/05
Mr Ongwen's non-redacted arrest warrant released (See Ongwen case)
Mr Ongwen's non-redacted arrest warrant and its translations in French and Acholi were reclassified as public, as instructed by Pre-Trial Chamber IIPress Release
ICC-02/04-01/05
Ongwen case separated from Kony et al case (See Ongwen case)
ICC-02/04-01/05
Proceedings against Mr Odhiambo terminated
Pre-Trial Judges terminate proceedings against Okot Odhiambo following the forensic confirmation of his passing on 27 October 2013Press release
ICC-02/04-01/05