Pre-Trial Chamber II of the International Criminal Court (ICC) held on Monday that a hearing on charges against Joseph Kony, a fugitive Ugandan militant who founded the Lord’s Resistance Army (LRA), can take place in his absence in October 2024.

The hearing allows prosecutors to present their case in court, where a defense lawyer will represent Kony if he does not appear. If the charges are confirmed, the case can only proceed to trial if Kony is present before the Trial Chamber. The court ruled that the prosecution had undertaken extensive efforts to inform Kony of the charges against him, including large-scale media campaigns in Uganda and neighboring countries, as well as engaging with relevant stakeholders and communities.

Prosecutors filed for confirmation of charges hearing against Kony in November 2022, marking a departure from the ICC’s general stance against in abstentia trials. While the court typically does not permit such proceedings, Article 61 of the Rome Statute allows for confirmation of charges hearings to proceed in the absence of the suspect if all reasonable efforts to secure their appearance have been taken.

In a previous decision in November 2023, the court held that Kony was considered a person who could not be found, and there were reasons to proceed in his absence, such as publicizing the proceedings against him and permitting the victims to put forward their views and concerns.

The ICC issued a warrant of arrest for Kony in July 2005, which was made public in October of the same year. Despite extensive efforts by authorities, international organizations and civil society to locate and apprehend him, Kony has evaded the court for almost 19 years. The ICC accused Kony of committing numerous atrocities, including murder, enslavement, rape and particularly kidnapping children to serve as child soldiers or sexual slaves.