ICC concludes confirmation of charges hearing in El Hishri case

Today, 21 May 2026, the confirmation of charges hearing in the case The Prosecutor v. Khaled Mohamed Ali El Hishri concluded before Pre-Trial Chamber I of the International Criminal Court (ICC), composed of Judge Iulia Antoanella Motoc (Presiding Judge), and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. Mr El Hishri is suspected of war crimes and crimes against humanity allegedly committed at Mitiga Prison in Tripoli, Libya, between 1 May 2014 and 30 June 2020.

The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged. If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial. Over the course of three days, the judges heard oral submissions from the Prosecutor, the Legal Representatives of Victims, and the Defence.

The judges will now start their deliberations. In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends. The Pre-Trial Chamber may then:

• 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 Prosecutor cannot directly appeal this decision. However they can request authorisation from the Pre-Trial Chamber to appeal it.

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Khaled Mohamed Ali El Hishri at the opening of the confirmation of charges hearing on 19 May 2026 in The Hague (The Netherlands) ©ICC-CPI

Background: Mr El Hishri is alleged to have been one of the most senior Mitiga Prison officials, where thousands of persons were detained for prolonged periods. According to the Prosecution’s Document containing the charges, Mr El Hishri is suspected of 17 counts of crimes against humanity and war crimes committed between 1 May 2014 and 30 June 2020. These crimes encompassed: imprisonment or other severe deprivation of physical liberty, outrages upon personal dignity, cruel treatment, torture, and other inhumane acts committed against detainees principally at Mitiga Prison; and rape and other forms of sexual violence, murder, attempted murder, enslavement, and persecution of certain persons principally at Mitiga Prison. Mr El Hishri was arrested on 16 July 2025 by the authorities of the Federal Republic of Germany pursuant to a warrant of arrest issued under seal by ICC Pre-Trial Chamber I on 10 July 2025. He was surrendered to the custody of the Court on 1 December 2025. The initial appearance of Mr El Hishri took place on 3 December 2025. On 30 April 2026, the Defence filed a Challenge to Jurisdiction of the Court Pursuant to Article 19 of the Rome Statute. Pre-Trial Chamber I will determine the matter in due course, after receiving relevant submissions. 

Photographs of the hearing

Audiovisual materials

Related information:

• Order setting the schedule and directions for the confirmation of charges hearing
• Document containing the charges
• Case page: English, French
• Questions and answers on the Confirmation of charges hearing: English, French, Arabic 

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