This month, seven years after filing our first complaint concerning crimes against humanity at Europe’s borders, we were at the ICC in The Hague representing one of the victims in the first case addressing crimes committed against refugees in Libya and the Mediterranean.
Although El Hishri is alleged to have victimised more than 5,000 people, only 64 survivors have been authorised to participate in the proceedings. One of them is M.M., a young woman who was subjected to brutal abuse by the defendant.
front-LEX is honoured to represent her in this case.
Khaled Mohamed Ali El Hishri was arrested on 16 July 2025 by German authorities at Berlin Brandenburg Airport pursuant to an arrest warrant issued by the ICC. He is charged with crimes against humanity and war crimes in connection with abuses allegedly committed at Mitiga Prison, near Tripoli, between 2015 and 2020. The 17 charges include murder and attempted murder, torture, rape and other forms of sexual violence, as well as enslavement. These crimes were allegedly committed, ordered, facilitated, or otherwise enabled by El Hishri, or carried out under his authority.
While this new stage marks an important step towards justice, it is essential to underline that the Court continues, in both repeated and insidious ways, to undermine victims’ right to legal representation. It is unacceptable that victims are denied the right to choose representatives whom they trust and who they believe will best defend their interests. Through her lawyer in this case, ICC Counsel Dr. Omer Shatz, M.M. has challenged the decision to exclude survivors from meaningful participation in the first ICC case directly concerning their victimisation.
The reason for silencing victims is clear. Since 2019, a separate case has been pending before the ICC against EU officials accused of co-perpetrating the very same crimes for which El Hishri is now being prosecuted. In 2025, front-LEX submitted a 700-page brief in that case, identifying more than 500 European nationals who held public office while these crimes were allegedly being committed, as well as more than 122 individuals whose criminal responsibility is alleged to have been established.
The current hearings are intended to determine whether the charges against Khaled Mohamed Ali El Hishri will be confirmed. For our part, in the coming weeks, we will return to the ICC with our client to assert her right to choose her own legal representation.
The road to justice will be long, but we will remain collectively mobilised throughout this process.