The decision to proceed with the hearing without Kony’s presence marks a historic moment for the ICC, as it will be the first time such a confirmation of charges is conducted in absentia under Article 61 of the Rome Statute. The court has emphasized that this approach is only applicable in exceptional circumstances, highlighting Kony’s status as a “person who cannot be found.”
The confirmation hearing will allow for the presentation of evidence and allegations made by the prosecution. If the charges are confirmed, they can only proceed to trial if Kony is apprehended and present before the court. This development underscores the ICC’s commitment to pursuing justice for victims of Kony’s alleged crimes, which include kidnapping children and forcing them into combat and sexual slavery.