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Will the proposed ICC hearing against Joseph Kony bring victims much needed peace?

"He has lost command, control, and communication. For the first time, the LRA has factions. There is a group, who has decided to leave the Lord Resistance Army (LRA) and operates on its own," came the voice of Colonel Richard Otto, the commander of Uganda's contingent in Central Africa Republic (CAR) on Tuesday 18, 2017.

Will the proposed ICC hearing against Joseph Kony bring victims much needed peace?

The 100 United States of America special forces started to pull out, the 2,500 Ugandan troops were withdrawn.

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“Over 1,000 civilians abducted by the LRA have been rescued" and small defections from the LRA group left less than 120 armed men holding onto the rebel operation in eastern CAR, north-eastern Congo, and in Sudan’s Darfur.

Kony, was at large.

Almost 17 years of efforts to locate and arrest him, and over two decades of silence in the justice camp for his victims, the Prosecutor of the International Criminal Court Karim Asad Ahmad Khan has requested to hold a hearing confirming charges against Kony in his absence.

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The allegations against him include cruel treatment, enslavement, rape, murder and attacks against civilians, all totaling to 33 counts of war crimes and crimes against humanity.

According to Khan, it is high time, "necessary and appropriate", to advance proceedings against Kony to the fullest extent possible within the Rome Statute (the treaty that established the ICC).

This is what he hopes to accomplish with the hearing:

  • That the hearing will give victims a sense of accomplishment towards attaining justice with support and acknowledgement of their plight.

"Should the Pre-Trial Chamber grant my request, it is my hope that this would represent a meaningful milestone for victims of Mr Kony’s crimes who have waited patiently for justice for almost two decades. It is a step that we can take together with civil society partners and with the direct engagement and participation of impacted communities," Khan said in the statement to the Pre-Trial Chamber II of the International Criminal Court (ICC).

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  • The hearing will also rekindle interest and efforts to capture Kony.

"I will also renew my call to States to redouble efforts to execute the arrest warrant issued by the Pre-Trial Chamber 17 years ago," he continued.

  • There will also be ample time to dive into the depth of proof of the crimes. Victims will also have enough time and space to recall their experiences unlike in trials where a judgement imposes time and resource limitations.

"As outlined in our application, these proceedings would also provide an opportunity to present the depth of evidence supporting the allegations of his criminal activities and allow for witnesses and survivors to provide their accounts to the Court."

  • Moreover, when the culprit is apprehended, the victims will not have to go through the grueling process of recounting their experiences in front of Kony.
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"Crucially, if the charges are confirmed in his absence, a future trial following the arrest of Mr Kony could be taken forward faster and more effectively, in accordance with rule 126(3) of the Rules."

Khan, who has been on the legal counsel of some prolific African leaders, said that this is a step towards realising the vision of his Office, "to guarantee lasting respect for and enforcement of international criminal justice" to the Ugandan communities impacted by Kony in a joint effort towards justice.

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