International Criminal Court (ICC) judges have made a groundbreaking decision, ordering a Libyan suspect to stand trial on charges of murder, rape, and torture at a notorious prison. The unanimous written decision to confirm 17 charges against Khaled Mohamed Ali El Hishri came after prosecutors laid out a summary of their evidence at a hearing in May, where they alleged that El Hishri abused detainees at Mitiga prison between 2014 and 2020.
Judges Confirm Charges and Establish Jurisdiction
Judges said “there are substantial grounds to believe that Mr. El Hishri is responsible” for the crimes. This decision marks a significant milestone in the ICC’s efforts to deliver justice for victims of human rights abuses in Libya. The court’s Deputy Prosecutor, Nazhat Shameem Khan, hailed the decision as an important step forward, saying it “brings us a step closer to delivering justice for thousands of victims who were unlawfully arrested, detained and subjected to severe suffering in Mitiga Prison.”
According to the charges, El Hishri was a senior commander at the prison in charge of the women’s section, where sexual violence was widespread. Prosecutors said his brutality earned him the nickname the “Angel of Death.” The suspect’s lawyer, Yasser Hassan, had urged judges not to confirm charges against his client and argued the court had no jurisdiction. However, in a separate ruling this week, judges confirmed the ICC has jurisdiction in the case.
No date was immediately set for the trial to start. El Hishri was sent to the Netherlands in December by Germany, where he was arrested in July on a sealed ICC warrant. The court issued a warrant for El Hishri’s arrest in connection with the alleged crimes committed at Mitiga prison.
Background on the Case and ICC’s Involvement
Libya is not a member of the ICC, but the judicial body was tasked by the U.N. Security Council in 2011 with launching an investigation in the country nation as it descended into lawlessness following an uprising that toppled longtime dictator Moammar Gadhafi. The ICC came under the international spotlight this week with U.S. Secretary of State Marco Rubio announcing Monday that the U.S. was launching a “sweeping campaign to dismantle the threat posed by the International Criminal Court to U.S. sovereignty.”
Rubio said he will pressure the court’s 125 member states to withdraw from the institution, sanction organizations that work with the court and ban staff from traveling to the United States. Countries that “enjoy the benefits of the U.S. security umbrella” will be called upon to reject the court’s jurisdiction over U.S. citizens. This move has sparked concerns about the future of the ICC and its ability to deliver justice for victims of human rights abuses worldwide.
The court issued a warrant for Gadhafi, but rebels killed him before he could be detained and sent to The Hague. The ICC has been working to hold accountable those responsible for the human rights abuses committed in Libya, and this decision marks a significant step forward in that effort.
