What is a confirmation of charges hearing?
It is a multiday hearing held during the pre-trial stage in order for International Criminal Court (ICC) judges to examine whether the Prosecutor’s evidence is sufficient to send a case to trial. Judges may confirm all or some of the charges, decline to confirm them, or adjourn and request more evidence. They must issue their decision within 60 days of the hearing’s conclusion.
Why is this hearing historic?
The confirmation of charges hearing against Joseph Kony is the first time in ICC history that a confirmation of charges hearing is held in absentia. It allows the case to advance despite Kony’s fugitive status and shows that victims’ right to justice will not be indefinitely blocked.
Why is the hearing held without Kony present?
Kony has evaded arrest since 2005 despite an ICC warrant, an Interpol-UN Security Council notice, and extensive efforts by national and international actors. In June 2025, the Appeals Chamber confirmed the decision of the Pre-Trial Chamber that the hearing could proceed in his absence, with sufficient safeguards in place, including the appointment of defence counsel, access to evidence, and adequate preparation time.
Did the Defence challenge the decision of the Pre-Trial Chamber?
Yes. After the Pre-Trial Chamber decided on 29 October 2024 that all the conditions were met to hold a confirmation of charges hearing in absentia, the Defence challenged this on two tracks. First, on 4 November 2024, it requested leave to appeal on three proposed issues. On 28 January 2025, leave to appeal was granted on one issue, namely whether an initial appearance under article 60(1) of the Rome Statute was required before a confirmation of charges hearing in absentia could take place under article 61(2)(b) of the Statute. On 3 June 2025 the Appeals Chamber rejected the Defence’s arguments and upheld the PTC’s decision, confirming that no initial appearance is required where the suspect “cannot be found” despite all reasonable steps to secure their presence. Second, on 3 April 2025 the Defence sought reconsideration of the October 2024 decision, alleging new facts and risks, but the Pre-Trial Chamber rejected that request on 28 May 2025, finding no new information or clear error of reasoning.
What happens if the charges are confirmed?
If the Pre-Trial Chamber finds that there is sufficient evidence to establish substantive grounds to believe that Kony committed any of the crimes charged, it will commit Kony for trial. It will decline to confirm charges in relation to which there is insufficient evidence. The Pre-Trial Chamber also has the authority to adjourn the hearing and request the Prosecutor to consider providing further evidence or conducting further investigation in relation to a charge or amending a charge if the evidence appears to establish a different crime than the one charged.
If charges are confirmed, the ICC Presidency will constitute a Trial Chamber of three judges responsible for conducting the trial phase. Promptly after it is constituted, the Trial Chamber will hold status conferences, confer with the parties and participants in order to set the date of the trial, and adopt the procedures necessary to facilitate the fair and expeditious conduct of the proceedings. The Trial Chamber will rule on preliminary issues, including the language(s) to be used at trial, and the timing and the manner of disclosure of evidence.
While a confirmation of charges can be held in the absence of a suspect, if charges are confirmed, the trial can only proceed in Kony’s presence unless he requests to be absent and specific criteria are met.
What happens if some charges are not confirmed?
Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor is nevertheless permitted to subsequently request that the charge be confirmed if the request is supported by additional evidence.
What happens if no charges are confirmed?
Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber. Therefore, if no charges are confirmed, any warrant previously issued would cease to have effect with respect to those charges.
Can charges be added or amended after the confirmation of charges hearing?
After charges are confirmed and before a trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a further confirmation of charges hearing must be held to confirm those charges.
Why is this case important for victims?
The Kony case is the last opportunity for LRA victims to have their voices heard at the ICC. Thousands of victims are participating and have emphasised that justice in this case is essential to reconciliation and lasting peace in Uganda. ICC arrest warrants have been issued for four other senior LRA leaders. Dominic Ongwen was surrendered to the Court in 2015, convicted in 2021 and is now in the reparations phase. Proceedings against Raska Lukwiya, Okot Odhiambo and Vincent Otti were terminated after confirmation of their deaths. The case against Joseph Kony is therefore the last active ICC case concerning the LRA and the final opportunity for victims to have their voices heard before the Court.
