The International Criminal Court began the first “confirmation of charges” hearing this Tuesday afternoon in the case of Libyan defendant Khaled Mohamed Ali El Hishri, who is being held by the court on charges of committing war crimes in Libya.

The hearing, scheduled before the First Pre-Trial Chamber of the International Criminal Court, will continue until Thursday, as the court’s judges hear the evidence presented against El Hishri during the confirmation of charges hearing to determine whether his trial should proceed.

What happens at the “confirmation of charges” hearing?

The prosecution, the defense, and the legal representatives of the victims will present oral arguments before the judges of the International Criminal Court to present their arguments regarding the substantive basis for the charges against El Hishri.

The “confirmation of charges” hearing is not a trial, but rather a preliminary hearing preceding the trial. At this stage, the judges do not rule on whether El Hishri is guilty or innocent, but rather determine whether the evidence presented is sufficient to refer the case to the trial phase.

For its part, the International Commission of Jurists stated that El Hishri faces allegations of committing crimes against humanity and war crimes in Libya between 2014 and 2020 against detainees, including migrants, refugees, and asylum seekers, at the Mitiga Prison in Tripoli.

The Commission explained that if the Pre-Trial Chamber maintains its analysis when confirming the charges, the victims who suffered serious crimes while detained at Mitiga Prison may be excluded from participating in the International Criminal Court proceedings and thus deprived of any redress for their harm.

A Serious Blow to the Victims in the Case

Said Ben Arabi, Director of the Middle East and North Africa Program at the International Commission of Jurists, states that the exclusion of migrants, refugees, and asylum seekers as victims in the El Hishri case proceedings constitutes a serious blow to the accountability process and to these victims’ rights to know the truth, achieve justice, and receive reparations.

He added that the Office of the Prosecutor’s submission to the International Criminal Court must sufficiently establish the legal characterization of the crimes committed against this category of victims, ensuring they are properly taken into account when determining the charges in this case.

El Hishri is the first person to appear before the International Criminal Court regarding atrocities committed in Libya since the UN Security Council referred the situation in Libya to the ICC Prosecutor in 2011 to investigate serious crimes committed following the popular uprising.

Human Rights Watch said that El Hishri is a former high-ranking member of the Deterrence Force to Combat Terrorism and Organized Crime, a Tripoli-based militia affiliated with the Presidential Council and formerly known as the Special Deterrence Force.