The Prosecutor v. Kony et al (The Situation in Uganda)
The Government of Uganda referred the Situation in Uganda to the Prosecutor of the International Criminal Court on 19 April 2004 in accordance with Article 14 of the Rome Statute (jurisdiction starting from 1 July 2002). The Prosecutor decided to open an investigation on 29 July 2004. Warrants for Arrest of Joseph Kony, leader of the Lords Resistance Army (LRA) and several others were issued on 8 July 2005, and amended on 25 September 2005.
In a decision dated 21 October 2008, Pre-Trial Chamber II, constituted of Judge Mauro Politi, Presiding, Judge Hans-Peter Kaul and Judge Katarina Trendafilova, initiated of its own motion proceedings on the continued admissibility of the cases of Kony et al. under Article 19(1) of the Rome Statute. The objective of these proceedings was to review whether Uganda was ‘unable’ or ‘unwilling’ to prosecute the crimes, given the proposal to establish a Special Division of the Ugandan High Court to prosecute high level crimes featuring in Annexure 3 to the Juba Peace Agreement between the Government of Uganda and the LRA (The Agreement on Accountability and Reconciliation).
The Uganda Victims’ Foundation and REDRESS sought and obtained leave to intervene as amicus curiae and submitted a written text on the progress of domestic accountability in Uganda. Observations regarding the amicus submission and more broadly were filed by OTP, the Defence, OPCV and the Government of Uganda.
On 10 March, the Pre-Trial Chamber decided that the case was admissible at this stage. The Defence was granted leave to appeal the decision on 3 April 2009. REDRESS did not participate in the appeal, which was handed down on 16 September 2009, confirming the impugned decision.
Trial Chamber II Decision dated 21 October 2008 initiating proceedings under Article 19(1)
Trial Chamber II Decision dated 5 November 2008, granting leave to file an amicus
Trial Chamber II Decision dated 10 March 2009, deciding that the case was admissible.
