Appeal from Refugees in Libya to civil society in reference to the El Hishri case at ICC
On 19 May 2026, a moment long denied arrived: for the first time in history, one of our torturers—a Libyan suspect accused of crimes against humanity and war crimes— appeared before the International Criminal Court. The Confirmation of Charges hearing in the case of Khaled Mohamed Ali El Hishri is not simply a legal milestone, but a confrontation with a structure that has enjoyed impunity for far too long. This case exists because we, the survivors, refused silence. We spoke under threat, carried the evidence, and endured repeated interceptions, detentions, tortures, enslavement, rapes, and systematic dehumanisation. We built the very places where we were imprisoned. Yes! We know the perpetrators. We know the system.
We demand justice. Rescue at sea saves lives, but without accountability, the conditions producing deaths at sea and in torture camps designed to contain people seeking safety will continue. Every interception, every forced return, every detention centre, every act of violence—these, as you know, are not isolated incidents. They are the direct outcome of policies funded, coordinated, and sustained by European states.
The crimes committed at Mitiga do not stand alone either. They are part of a broader detention system inseparable from the Italy–Libya Memorandum, EU-funded interceptions, cooperation with Libyan militias under the label of “coast guard,” and the wider architecture of migration containment. You know this. And because you know this, this moment demands more than solidarity. It demands position and responsibility. We call on the civil fleet, rescue organisations, and all allied networks to speak and act with clarity and urgency. (…)
What happens in this confirmation of charges hearing will shape what international justice is willing to see—and what it is willing to ignore. If migrants and refugees are not fully recognised as victims, the conditions that produce their suffering will remain intact.
We have done our part. We have spoken, documented, and carried the truth to one of the doors of justice. Now we expect you to stand where it matters and act, because without justice, rescue will remain a repetition.
This fight does not begin in The Hague, and it does not end at sea!
Refugees in Libya
Five Arguments to amplify the Voices of the Victims in the ICC case
—1— The El Hishri case is a first step toward justice for victims of Libya’s detention system. The case is formally about the conduct of one accused person, but it also opens a space to discuss the context in which his conduct occurred, to expose the widespread and systematic nature of the crimes committed at Mitiga Prison and across Libya’s wider detention system.
—2— Mitiga is part of a wider system of detention, exploitation, and violence. Victims and survivors (both Libyan as well as migrants and refugees) have described torture, sexual violence, forced labor, enslavement, extortion, racialized and other forms of intersecting discriminatory persecution, and killings.
—3— Europe’s border regime contains and returns people seeking safety to detention, exploitation and abuse in Libya’s detention system. European border control policies, surveillance, funding, training, and cooperation with Libyan actors incentivize and enable interceptions and forced returns in the Mediterranean. These are not rescues when they send people back to crimes against humanity; they are crimes themselves.
—4— Victims are not only evidence-bearers, but rights-holders. Survivors and families of victims must not be treated only as sources of information for criminal cases. They have the right to participate, to be heard, and to demand justice, truth, and reparation.
—5— El Hishri is in ICC custody because Germany surrendered him to the Court, while Italy released Osama Elmasry Njeem despite an arrest warrant. These divergent responses should not obscure the broader picture: European states, including Germany, are simultaneously supporting policies like the Italy-Libya Memorandum of Understanding (MoU) that sustain the system of abuse and the ongoing crimes against humanity.
From the preparation group for the ICC- pre-trial
More information and latest news: https://www.refugeesinlibya.org/dailyupdate
„A Beacon of Hope for Victims…“
Impressions from the first day at ICC in The Hague
„…these proceedings today present an important milestone in our collective pursuit of justice. The commencement of the confirmation of charges hearing against Mr. Khaled Mohamed Ali El Hishri is a testament to the tenacity of those most impacted by his crimes. To the courage and foresight of the international community. (…) The need for accountability in this case is exemplified by the words of witness P17-36. Khaled El Hishri tortured and raped her while she was detained at Mitiga Prison. During her detention, she told him that one day she would face him and seek justice for the wrongs he committed against her. During an interview with my office, she declared, and I quote, I will be reborn when justice is achieved. End of quote. Madam president, your honors, the independent and impartial justice that this court can deliver is a beacon of hope for victims. These crimes must end and must not recur. I would like to express my gratitude to the victims, the witnesses and the civil society organisations who displayed patience, resilience and a resolute belief in justice…“
These sentences from the beginning and the end of the introduction statement of Nazhat Shameem Khan, the Deputy Prosecutor in the El Hishri case, contributed in setting the tone on the first day of the 19th of May 2026 pretrial in The Hague. The first day in the ICC was clearly characterized by heavy accusations against the Libyan torturer by numberless quotes of victims and testimonies. The system of dehumanization in Libyan torture camps appeared at the center of this hearing through the voices of the women, men and children who went through the hellish conditions. It might have been a first step for all victims to be heard and to be recognized, if the court accepts and confirms the charges and starts the trial in probably autumn 2026.
The court’s decision is expected to come within 60 calendar days at the end of July. The wider solidarity movement should then be ready and prepared to push for bigger mobilization around this case to support the incredible strength of the self-organised activists from Refugees in Libya and – thanks to the cooperation and efforts of ECCHR – their crucial role in this potential “milestone case”
With a solidarity event on 18th of May, which was well attended by local people in the evening before the start of the hearing, strong banner messages held in front of the courthouse, and lobby meetings between NGOs all contributed to a good start leading up to the proceedings. The next weeks and months should be used to prepare a wider campaign where while one finger points to the crimes against humanity by El Hishri, attention is kept on the responsibility of the EU. “El Hishri at the ICC – EU must stop Complicity” was the slogan brought to The Hague by Refugees in Libya. One of the prosecutors even gave a clear hint when stating there has been “international complicity to operate in impunity.” This context of incredible violence in the Libyan detention system must be highlighted again and again to denounce the ongoing suffering and injustice that is part of EU’s externalization policy – not only, but especially by all civil fleet actors.
Hagen Kopp, no one is illegal Hanau
ICC Website: https://www.icc-cpi.int/libya/el-hishri
Hearing: https://youtu.be/wLTtYOsgf2g
