Today, 15 July 2026, Pre-Trial Chamber I of the International Criminal Court (ICC) found that the Court may exercise jurisdiction in the case of The Prosecutor v. Khaled Mohamed Ali El Hishri and rejected the Defence's challenge.
On 30 April 2026, the Defence for Mr El Hishri filed a challenge to jurisdiction of the Court pursuant to article 19 of the Rome Statute. The Chamber received observations on the challenge from the State of Libya, the Prosecution and the Office of Public Council for Victims.
The Chamber was unanimously satisfied that the Court has jurisdiction over the case. In particular, a majority of the Chamber, composed by Judges Motoc and Alapini-Gansou, considered that the alleged conduct of Mr El Hishri continues to be covered by the United Nations Security Council Resolution 1970, which was issued in 2011 under Chapter VII of the Charter of the United Nations. The majority of the Chamber held this view notwithstanding the fact that in 2025 the State of Libya accepted the Court's jurisdiction by means of a declaration under article 12(3) of the Rome Statute.
Judge Flores Liera, while agreeing that the Court has jurisdiction, issued a concurring separate opinion, in which she reiterated her position on the scope of the said Resolution 1970 and states that the Court's jurisdiction was properly conferred through the declaration made by the State of Libya under Article 12(3) of the Statute.
Concurring separate opinion of Judge María del Socorro Flores Liera
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. Mr El Hishri is suspected of 17 counts of crimes against humanity and war crimes committed between 1 May 2014 and 30 June 2020. The warrant of arrest against Mr El Hishri was issued under seal by the Chamber on 10 July 2025 and reclassified as "Public" on 31 July 2025. On 1 December 2025, Mr El Hishri was surrendered to the ICC after being arrested on 16 July 2025 by the authorities of the Federal Republic of Germany pursuant to the warrant of arrest. His initial appearance took place on 3 December 2025. The confirmation of charges hearing took place from 19-21 May 2026 before Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. The judges have commenced their deliberations, and a decision is expected within 60 days from the date the confirmation hearing ends.
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