In 60 days, judges at the Pre-Trial Chamber of the International Criminal Court (ICC) will deliver their written statements on a confirmation of charges hearing against its longest-standing fugitive, Joseph Kony.

According to the regulations of the Court, the Pre-Trial Chamber is required to deliver one of three decisions: a confirmation of the charges, a decline to confirm charges, or an adjournment of the hearing.

Kony, a Ugandan warlord who led the Lord's Resistance Army (LRA), is accused of committing war crimes and crimes against humanity including murder, sexual enslavement, rape, enlistment of child soldiers and cruel treatment of civilians.

Prosecutors during the presentation of charges, accused the rebel group of killing at least 600 civilians, displacing more than 1.9 million people and abducting at least 20,000 Ugandan children between July 2002 and December 2005 in northern Uganda. The LRA, however, began its attacks in the late 1990s. 

"The repercussions of this unprecedented violence continue to be felt today. Scarred in their body and spirit, survivors still struggle to recover from the ordeal they endured," deputy prosecutor Mame Mandiaye Niang said while presenting the charges.

What happens if ICC confirms Kony's charges?

If the charges against Joseph Kony are confirmed, the suspect will be committed to a Trial Chamber for a trial to begin. However, since the Rome Statute [which founded the ICC] does not allow for a trial to proceed without the suspect, Kony's trial cannot happen in absentia and will require his presence.

The Pre-Trial Court could also "decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Mr Kony," or adjourn the hearing for further evidence.

For Kristof Titeca, a professor and researcher on governance and conflict in Eastern and Central Africa at Antwerp University,  Kony has no interest in coming out; Titeca told DW a progression of the case to trials will mean "success for a lot of actors". Experts believe the ICC is trying to prove its "legitimacy and right to existence by pursuing this case."

At the same time, this case is considered a key test of the ICC's powers for similar and future cases.

"A successful case could mean that those who were victims of the crimes committed in the early 2000s could receive some kind of financial compensation for what happened," Titeca added.

Who is Joseph Kony?

Born Joseph Rao Kony in the village of Odek in northern Uganda, the rebel leader, described by his followers as a "prophet" at the time of his arrest warrant, was described by the ICC as the Commander-in-Chief of the LRA.

Some sources indicate Kony had served as a Catholic altar boy during his youth and later left school to become a traditional healer before joining the LRA.

Human Rights Watch says Kony's LRA rebel group "abducted and killed thousands of civilians in northern Uganda and mutilated many others by cutting off their lips, ears, noses, hands, and feet." The LRA conflict in northern Uganda went on for nearly 20 years. 

"Joseph Kony remains untraceable", ICC prosecutor Niang noted, despite several steps taken by the court, civil society groups, international partners and Ugandan authorities to apprehend him. "The tireless efforts of the office in conjunction with the registry and its partners to secure the arrest of the fugitive have proven unsuccessful," he stated.

A 2012 report by Human Rights Watch suspects Kony is believed to be in the Central African Republic. Kony and his forces are highly mobile, and it is difficult to know their exact whereabouts, the rights group said.

In 2022, a former LRA child soldier , Michel Mbolifouko, told DW, Kony might be hiding in Sudan. "He (Kony)currently lives in the Sudanese region of Darfur and continues to give orders to his fighters. I saw him with my own eyes," the ex-LRA member stated.

Analysts believe the lack of power by the ICC to effect arrests is largely contributing to the stalemate in Kony’s arrest.

"A major weakness of the International Criminal Court at the moment is that it doesn’t have any capacity to arrest any of the people whom it accuses and for whom there are arrest warrants," Titeca said.

"If you are a criminal who is protected by a government or who manages to run away from whatever entity which wants to arrest you, there is no immediate threat to you."

Building a criminal case against Kony

The ICC began investigations into Joseph Kony and the LRA in 2004 after Uganda's President, Yoweri Museveni, made a formal request to it. The following year, in 2006, the court based in The Hague issued sealed arrest warrants for the LRA's top five leaders: Joseph Kony, Vincent Otti, Okot Odhiambo, Raska Lukwiya, and Dominic Ongwen for war crimes and crimes against humanity.

On 1 June 2006, Interpol issued the first-ever red notice on behalf of the ICC for the five leaders. Out of the five, only Dominic Ongwen, a former Brigade Commander of the group, has been convicted of 61 crimesand sentenced to 25 years imprisonment in 2021.

Three of them, Lukwiya, Otti and Odhiambo died in 2006, 2007 and in 2013, respectively. The ICC closed those cases after their deaths.

Kony is one of 10 fugitives who remain at large since an arrest warrant was issued for him in 2005. The United States has offered a $5 million (€4.6 million) reward for information that will lead to his arrest.

Edited by: Chrispin Mwakideu