The Pre-Trial Chamber III had, in an October 29, 2024 decision, concluded that all the requirements to hold the confirmation of hearing in the absence of Kony had been met. The hearing is scheduled for September 9 this year at the Hague-based Court in the Netherlands.
However, in an appeals judgement delivered by Presiding Judge Solomy Balungi Bossa, the appeals chamber rejected 14 grounds of the appeal raised by Ongwen’s representative.
In a press statement released by the court Thursday, the court announced judgement on the appeal will be delivered in an open court room in The Hague Netherlands. Five judges will preside over the hearing of the judgement.
In a decision delivered on Thursday, the Chamber ruled that the confirmation of charges hearing of Kony will be held on September 9, 2025, in light of its duty to ensure that sufficient time is provided to both the prosecution and the defence.
Johnson Natuhwera, a Senior State Attorney who represented the Attorney General however told the court that the primary responsibility for compensating the victims lies with the convict who committed the crimes but not the government.
Dahirou Sant Anna, the International Cooperation Advisor, Office of the Prosecutor told Journalists in Gulu City Monday that the proposals to have the confirmation of charges hearing in Uganda is beneficial to the victims of the LRA in many ways.
Uganda Radio Network also established that the Defence team’s visit was meant to assess the views of the affected communities in Uganda on the value and desirability of absentia proceedings against Kony.
The move comes against the backdrop of recent backlash from African lawyers who criticized the ICC registry of bias in selecting lawyers to represent Joseph Kony.
Initially, the ICC had scheduled the confirmation of charges hearing against Kony on October 15 but was postponed in September following the Defence, Prosecution, and Office of the Public Counsel for Victims observations to ensure proper procedure and evidence presentation.
In a reparation decision made on Wednesday, the Judges at the Trial Chamber IX noted that the reparation will be made collectively to the victims given the magnitude of the atrocities and the number of victims.
According to a statement issued by the ICC, the Presidency of the ICC on November 9 this year designated Norway as the State of enforcement for the sentence of imprisonment of Ongwen, according to article 103 of the Rome Statute.
The ICC Spokesperson Fadi El Abdallah told Journalists at a press briefing in The Hague that the ICC doesn’t have any evidence of Otti’s execution and says the arrest can only be withdrawn if tangible evidence of Otti’s execution is received by the ICC.
Ayena withdrew from further representing Ongwen at the global court. The Ugandan lawyer had been Ongwen’s lead defense lawyer since his appointment in February 2015.
Anglican Bishop Emeritus Nelson Onono Onweng, the Chairperson of the Acholi clerics under the Acholi Religious Leaders Peace Initiative (ARLPI) said that they are happy by the ICC`s judgement and termed it as ‘’considerate’’.
In Pajule Town Council in Pader District where Ongwen commanded an attack on Pajule IDP camp on October 10, 2003, victims of the atrocities welcomed the verdict and described it as a relief.
The International Criminal Court convicted Ongwen, 45, in February this year on 61 crimes including rape, sexual enslavement, child abductions, torture and murder as well as war crimes and crimes against humanity.
Ongwen who made submissions at The Hague based court on Thursday during a mitigation session of his case noted that for 27 years since his abduction as a child by the LRA rebels, he lived in prison in captivity.
The court was set to pronounce its judgement on the 12th January 2021 but a Monday 30th November 2020 press release indicates that the judgement will now take place on the 4th February 2021.
Ogwen whose trial started on December 6, 2016, is accused of 70 counts of war crimes and crimes against humanity allegedly committed in Northern Uganda while with the Lord’s Resistance Army (LRA).
Okalany is competing for the job with three others; Morris A. Anyah from Nigeria, Fergal Gaynor from Ireland, and Richard Roy from Canada, for what is arguably the most important job in the international criminal justice system. They are seeking to replace Gambian national Fatou Bensouda, whose tour of duty ends in June 2021.
Okalany is competing for the job with three others; Morris A. Anyah from Nigeria who is a trial attorney in Chicago, U.S.A, Fergal Gaynor from Ireland, who currently serves as the Reserve International Co-Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and Richard Roy from Canada who is currently Senior General Counsel with the Public Prosecution Service of Canada.