The International Criminal Court concluded, on Wednesday, the arraignment hearing in the case of The Prosecutor v. Khalid Mohamed Ali El Hishri, who is accused of committing war crimes and crimes against humanity at the Mitiga Prison in Tripoli between May 2014 and June 2020.

The First Pre-Trial Chamber will now begin its deliberations in preparation for issuing its decision within 60 days.

The hearing was held before the First Pre-Trial Chamber, presided over by Judge Iulia Motoc and composed of Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. Over the course of three days, the judges heard arguments from the Office of the Prosecutor, the legal representatives of the victims, and the defense.

The court explained that the confirmation of charges hearing aims to determine whether the evidence presented is sufficient to establish substantial grounds to believe that El Hishri committed the crimes attributed to him, noting that if the charges are confirmed in whole or in part, the case will be referred to the Trial Chamber to begin the next phase of judicial proceedings.

Three options before the Pre-Trial Chamber

According to Rule 53 of the Court’s Rules, the Pre-Trial Chamber must issue its written decision within 60 days of the conclusion of the hearing, with three options available: confirming the charges and referring the accused to trial; dismissing the charges due to insufficient evidence and discontinuing proceedings; or adjourning the hearing to request additional evidence and investigations or to amend certain charges.

The court noted that neither the defense nor the prosecution has the right to appeal the decision directly, but both parties may request permission from the Pre-Trial Chamber to challenge it.

17 Charges Against El Hishri 

El Hishri, who held a prominent position at the Mitiga Prison, is charged with 17 counts related to crimes against humanity and war crimes, including imprisonment or severe deprivation of liberty, torture, cruel treatment, assault on personal dignity, rape, sexual violence, murder, attempted murder, enslavement, and persecution of detainees within the prison.

German authorities arrested El Hishri on July 16, 2025 pursuant to an arrest warrant issued by Pre-Trial Chamber I of the International Criminal Court on July 10 of the same year. He was transferred to the Court on December 1, 2025 and appeared before the Court for the first time on December 3, 2025.

Ruling on El Hishri’s Defense Appeal

On April 30, 2026, the defense team filed an appeal challenging the court’s jurisdiction based on Article 19 of the Rome Statute, with the First Pre-Trial Chamber to rule on this appeal at a later date after the relevant legal briefs are completed.