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Kony Warrant of Arrest

SITUATION IN UGANDA
Warrant of Arrest for Joseph Kony Issued On 8 July 2005 As Amended On 27 September 2005
Case No. ICC-02/04-01/05
International Criminal Court
Pre-Trial Chamber II
September 27, 2005

Judges:

Judge Tuiloma Neroni Slade
Judge Mauro Politi
Judge Fatoumata Dembele Diarra

 

Prosecution:

Mr. Luis Moreno Ocampo
Ms Fatou Bensouda
Ms Christine Chung
Mr. Eric MacDonald

 

Gender Keyword(s): Mutilation; Rape; Sexual Enslavement

Procedural History: On May 6, 2005, the Prosecutor applied for a Warrant of Arrest for Joseph Kony as part of the Court’s investigation into the Situation in Uganda ( 2). This application was subsequently amended and supplemented on May 13 and May 18, 2005, and an Arrest Warrant was issued under seal on July 8, 2005 (id.). This is a digest of the amended Arrest Warrant of September 27, 2005.

Disposition: The Prosecutor alleges thirty-three counts against Kony, including sexual enslavement, rape, enslavement, murder, and inhumane acts as crimes against humanity, and rape, enlisting of children, murder, cruel treatment, attacks against the civilian populations, and pillaging as war crimes ( 42). These charges are based on allegations that Kony founded and led the Lord’s Resistance Army (LRA), an armed group carrying out an insurgency against the Government of Uganda ( 5, 7). The Pre-Trial Chamber (PTC) is satisfied that there are reasonable grounds to believe Kony committed and ordered or induced the commission of the charged crimes against humanity and war crimes ( 42.)

Key Gender-Based Holdings:

MUTILATION:
• The PTC considers the Prosecutor’s general allegations that the LRA engaged in a cycle of violence and brutalization against civilians, including through mutilation of civilians, although details of this allegation are not specified ( 5).

RAPE (AS A CRIME AGAINST HUMANITY):
• The PTC notes the Prosecutor’s allegation that Kony raped and induced the commission of rape ( 16). The PTC finds reasonable grounds to believe that in 2003 Kony committed, ordered, or induced the commission of crimes against humanity, including rape ( 42).

RAPE (AS A WAR CRIME):
• The PTC notes the Prosecutor’s allegation that Kony raped and induced the commission of rape ( 16). The PTC finds that there are reasonable grounds to believe that in 2003 Kony committed, ordered, or induced the commission of war crimes that were either committed or attempted by the LRA, including rape ( 42).

SEXUAL ENSLAVEMENT:
• The PTC considers the Prosecutor’s general allegations that LRA troops engaged in a cycle of violence and brutalization against civilians, which included the sexual enslavement of civilians, including children ( 5). The PTC finds reasonable grounds to believe that in 2003 the Kony ordered the commission of crimes against humanity which in fact occurred or were attempted, including the sexual enslavement or attempted sexual enslavement of victims whose names have been redacted from the Warrant. ( 42.). These allegations support the charge against Kony for sexual enslavement as a crime against humanity (id.).

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INTERNATIONAL CRIMINAL LAW PROJECT

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