El Hishri Case

The ICC’s aim – and its mandate - is to fight impunity by investigating and prosecuting individuals suspected of having committed serious crimes under international law. In Libya, this mandate was triggered by a UN Security Council referral in 2011. The OTP has been investigating alleged crimes against humanity and war crimes committed in the context of the situation in Libya since 15 February 2011.

The ICC’s objective is to help ensure accountability for grave international crimes and to bring justice to the victims of such crimes. The ICC’s activities complement, not substitute the work of the Libyan judiciary.

Furthermore, in May 2025, Libya itself accepted ICC jurisdiction with respect to alleged crimes in its territory from 2011 to the end of 2027. This created a binding obligation for Libyan authorities to cooperate with the Court, including executing arrest warrants and facilitating investigations.

The arrest of Mr El Hishri is an important development in the OTP’s efforts to seek accountability in the situation in Libya, particularly for crimes in detention facilities across Libya under the responsibility of different groups and authorities. 

The confirmation of charges hearing is not a trial. The purpose of the confirmation of charges hearing is to determine if there is sufficient evidence to establish substantial grounds to believe that the suspect, in this case Mr El Hishri, committed each of the crimes charged by the OTP. At this stage, the judges will not determine whether Mr El Hishri is innocent or guilty.

The confirmation of charges hearing in the case referred to as the El Hishri case is scheduled on 19, 20, 21, 22 and 23 May 2026 at the seat of the Court in The Hague, The Netherlands.

At the hearing, in the presence of the suspect and his Defence lawyers, the Prosecution is required to support each of the charges with sufficient evidence to establish substantial grounds to believe that Mr El Hishri committed the crimes with which he is charged. At the hearing, the OTP will be represented by the Deputy Prosecutor and the Senior Trial Lawyers.

The hearing will take place before the judges of ICC Pre-Trial Chamber I (Chamber), composed of Judge Iulia Antoanella Motoc (Presiding Judge), Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera. The Prosecution, the Common Legal Representatives of Victims and the Defence will, in turn, present their arguments on the merits.

Within 60 calendar days after the end of the confirmation of charges hearing, the ICC judges will make a decision on whether or not to confirm all or any of the charges brought against Mr El Hishri.

If one or more charges are confirmed, the suspect is then considered an accused, and the case is committed for trial before a Trial Chamber.

The Judges of the Pre Trial Chamber do not make a decision in the course of the confirmation of charges hearing itself. They will deliver their written decision within 60 calendar days of the date on which the confirmation hearing ends. The Pre-Trial Chamber will deliver a decision, in which it may:

• Confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber;
• Decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Mr El Hishri;
• Adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish a crime other than the one charged was committed. 

The Defence and the Prosecution are not automatically entitled to appeal this decision, but they can request authorisation to do so from the Pre-Trial Chamber.

If the Chamber finds that there is sufficient evidence to support all or some of the charges brought by the ICC Prosecutor, it will commit Mr El Hishri to trial. The Presidency of the Court will constitute a Trial Chamber responsible for conducting the subsequent phase of the proceedings and composed of three judges other than those who sat on the Pre-Trial bench.

Promptly after it is constituted, the Trial Chamber will hold status conferences, with the parties and participants, in order to set the date of the trial and adopt the procedures necessary to facilitate the fair and expeditious conduct of the proceedings. The Chamber will rule on several preliminary issues, including the language(s) to be used at trial, and the timing and the manner of disclosure of evidence.

If the Pre-Trial Chamber finds that there is insufficient evidence to support the charges, it will stop the proceedings against Mr El Hishri. The ICC judges would then give orders on the next steps in due course. 

Such a decision does not prevent the Prosecution from presenting a subsequent request for confirmation of the charges against Mr El Hishri on the basis of additional evidence.

Victims whose interests are affected have several rights before the ICC: the right to participate in judicial proceedings, the right to request reparations, the right to have their identity protected (for example, through the redaction of their identifying information), the right to be informed about developments in the proceedings, and the right to legal representation. Victims may share their views and concerns with the judges through the lawyer(s) appointed to represent them in the proceedings.

The judges have assigned the Court’s Office of Public Counsel for Victims (OPCV) to temporarily represent the collective interests of potential victims in the case until the mandate of a team of common legal representatives takes effect, so that the interests of victim applicants are appropriately protected. Ms Paolina Massidda, OPCV’s Principal Counsel, will attend the hearing and make oral submissions on the merits. Legal representation is paid under the ICC legal aid budget, as most victims are not able to afford these expenses.

In the El Hishri Case, victims who have the right to participate in the proceedings are those who have suffered harm as a result of the crimes for which Mr El Hishri is a suspect. The crimes alleged by the OTP are detailed in the Document Containing the Charges.

Both direct and indirect victims of the crimes Mr El Hishri is charged with will have the right to participate in proceedings:

• Direct Victims – individuals who directly suffered harm as a result of the alleged crime(s);
• Indirect Victims – individuals who suffered personal harm as a result of a crime directed against another person. For example, family members of someone who has been the direct victim of a crime are considered indirect victims before the Court if they suffered personal harm. Similarly, individuals who suffered personal harm when they intervened to prevent a crime from being committed can be recognised as indirect victims.

Participation of victims is voluntary free of charge: victims do not need to pay to fill in or be assisted to fill in forms.

Victims must apply in writing if they wish to participate in the El Hishri Case, and submit their applications to the Victims Participation and Reparations Section (VPRS). The forms are available on the ICC website, and can be completed in Arabic or any other available language. As part of the application process, victim applicants are required to attach identification documents to establish their identity and kinship (as applicable). ou can contact the VPRS at this address ([email protected]) for more information on identification documents.

The purpose of the application form is to facilitate the application process for the victims who wish to participate in the proceedings before the Court. Submitting an application in relation to the El Hishri Case does not automatically grant the applicant the status of victim participant in the case, but the form guides the applicants to submit sufficient information for the VPRS to make a legal eligibility assessment.

Applications are registered by the VPRS in its secure and confidential database. Then, the VPRS assesses whether applications are complete and whether the alleged crimes and harm fall within the scope of the El Hishri Case. If an application form is incomplete, the VPRS will request additional information from the victim, their legal representative(s), or any person or organisation who assisted them in filling the application. To avoid duplication, it is important to fill in only one form per victim.

At the ICC, victims’ personal and any identifying information is considered confidential and is not available to the public. It is important that victims take preventive measures such as avoiding mentioning their involvement with the ICC to others or in public. It is also important to avoid anything that could expose victims and put them or other people at risk, such as talking to the media, or posting on social media, about their contact with the ICC. If applicants are concerned about their security or well-being (or that of others), they can mention these concerns in their application. If applicants have an acute security concern as a result of engaging with the ICC, they should immediately contact their legal representative or the VPRS at: [email protected].

Victims who wish to participate through a lawyer in the confirmation of charges hearing must submit their application forms for participation and reparations to the VPRS as soon as possible. The VPRS will transmit all complete applications to the Chamber, by 4 May 2026. The judges will decide whether each application meets all the requirements to recognise the applicant as a victim participant, in the El Hishri Case. Once a victim is granted participating victim status, they will be represented by Ms Paolina Massidda.

Victims who are unable to participate in the pre-trial proceedings, or do not wish to do, so can apply for participation at a later stage (i.e. in the Trial proceedings of Mr El Hishri, in case some of all of the charges against him are confirmed). In such a scenario, the VPRS will provide relevant information in due course.

If victims are interested in applying for participation and reparations, they are invited to contact VPRS beforehand, since, as much as possible, the forms should be completed with the assistance of persons who have been trained by VPRS to ensure that they are properly filled out and that all the information necessary at this stage is provided. For more information, or to submit a form, you can contact the VPRS at this address: [email protected].

Victims can be involved in ICC proceedings either as a participating victim, as a witness, or as both. Participation as a victim involves the following: 

• Participation is voluntary and involves communicating to the Court the victim's views and concerns regarding the case. It is up to the victim, together with their lawyer(s), to decide what to say.
• Participation is possible at all stages of proceedings when considered appropriate by the judges and through the lawyer. This means that the participation in Court is via a legal representative, and victims usually do not appear in person before the Court.
• If there is a conviction, victims who are considered eligible for reparations – to be assessed after the reparations order has been issued – can be awarded reparations and can receive assistance from the Trust Fund for Victims.

Participation as a witness involves the following:

• A witness is called to testify at the request of the Prosecution, the Defence, the Legal Representative of the Victims, or the Judges.
• The purpose is to give evidence by testifying and answering related questions.
• A witness is called to testify at a specific time, in person at the Court or remotely as authorised by the judges.
• A witness normally does not have a legal representative, unless there is a risk of self-incrimination.

Mr Yasser Mohamed Ahmed Hassan is the Lead Counsel for Mr El Hishri’s defence team. He was designated by Mr El Hishri (pursuant to his Rome Statute rights to choose his Counsel so long as they are admitted on the ICC List of Counsel or meet the criterial to be admitted on the list).

Defence Counsel may object to the charges, respond to Prosecution evidence and present exculpatory evidence.

Mr El Hishri’s financial situation is currently reviewed under the Court’s legal aid system, to determine whether or not he can bear the costs of his defence in the proceedings before the Court.

Suspects before the ICC are presumed innocent until proven guilty. They are present in the courtroom during the proceedings, and they have a right to a public, fair and impartial hearing of their case.

The Court’s legal documents grants suspects a number of rights, such as:

• The right to use a language they fully understand and speak;
• The right to be defended by a lawyer of their choice;
• The right to present evidence and call witnesses;
• The right to be informed of the charges;
• The right to have adequate time and facilities to prepare their defence;
• The right to remain silent;
• The right not to be compelled to testify or to confess guilt; and
• The right to have the Prosecution disclose to the defence both incriminating and potentially exonerating evidence.

Since his transfer to the Court on 1 December 2025, Mr El Hishri has been detained at the ICC Detention Centre in Scheveningen, in The Hague, The Netherlands. The Detention Centre meets the highest international human rights standards for the treatment of detainees. Detained persons are presumed by the Court to be innocent until proven guilty beyond reasonable doubt.

Pre-Trial Chamber I is composed of:

• Judge Iulia Antoanella Motoc (Presiding Judge);
• Judge Reine Adélaïde Sophie Alapini-Gansou;
• Judge María del Socorro Flores Liera.

The ICC Judges are persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices. All have extensive experience relevant to the Court’s judicial activity. The Judges are elected by the Assembly of States Parties on the basis of their established competence in criminal law and procedure and in relevant areas of international law such as international humanitarian law and human rights law.