Libya Crimes Watch (LCW) participated, from 19 to 21 May, in an advocacy campaign held alongside the confirmation of charges hearings in the case of Khalid El-Hishri before the International Criminal Court (ICC), in coordination and cooperation with its partner organisations and coalitions at both the international and local levels, including the Coalition for the ICC. This participation forms part of LCW’s ongoing efforts to support international accountability processes for crimes committed in Libya, and to strengthen the presence of victims’ voices and the field knowledge of Libyan civil society in Court proceedings. <\/p>\n\n\n\n
Three LCW representatives attended the confirmation of charges hearings, which mark a significant milestone in the trajectory of the case, as one of the most prominent proceedings relating to international crimes committed within detention facilities in Libya. The hearings provided an opportunity to follow the development of the case and to appreciate the importance of the field work carried out by LCW, alongside victims, survivors, and the human rights movement in Libya, in support of accountability efforts and in amplifying the voices of affected communities. <\/p>\n\n\n\n
One survivor, A.A., whose testimony of abuse at the hands of El-Hishri was documented by LCW, stated: <\/p>\n\n\n\n
\nI was watching El-Hishri\u00a0appear before the Court. When I heard what the Office of the Prosecutor said about the crimes and the victims’ testimonies,\u00a0I felt that what\u00a0was being described was not distant from me; it was recounting part of my own life. I was subjected to torture inside\u00a0Mitiga\u00a0Prison, and I\u00a0witnessed\u00a0with my own eyes even graver crimes committed by El-Hishri\u00a0himself. Since my release from prison, I have not known restful sleep. But on the\u00a0day\u00a0I heard the charges brought against him, and the evidence presented before the Court, I slept deeply for the first time. I cannot describe that feeling.<\/em><\/p>\n<\/blockquote>\n\n\n\n
On the margins of the hearings, LCW’s representatives and its partners held a series of meetings with relevant offices and divisions within the ICC, including the Office of Public Counsel for Victims and the Victims Participation and Reparations Section. The meetings focused on deepening understanding of the Libyan context, supporting victim participation processes in the forthcoming stages of proceedings, and discussing the challenges and risks that victims and witnesses may face during Court proceedings, with a view to ensuring that their participation is safe and effective, and that the Court’s processes are more responsive to the needs of victims and more attentive to the specificities of the Libyan context and the principle of do no harm. <\/p>\n\n\n\n
On 19 May, LCW, alongside\u00a0a number of\u00a0local and international organisations, co-organised a roundtable titled \u201cEl-Hishri\u00a0Case before the International Criminal Court\u201d, held on the margins of the Court\u2019s hearings in coordination with the Coalition for the International Criminal Court. Speakers also included Lawyers for Justice in Libya, the European\u00a0Centre\u00a0for Constitutional and Human Rights, Refugees in Libya, and two lawyers\u00a0representing\u00a0victims. The roundtable focused on the significance of the case in the context of the Libyan situation, the role of victims\u2019 participation, the need to sustain civil society efforts in support of accountability processes, and the importance of highlighting the contextual dimensions of the case and the Court\u2019s role in addressing impunity in Libya.\u00a0<\/p>\n\n\n\n
During the roundtable, Ahmed Mustafa, Head of Documentation at LCW, delivered an intervention focusing on the field dimension of LCW’s work in support of domestic and international accountability processes. He addressed the continuation of serious violations potentially amounting to international crimes in Libya, including extrajudicial killing, arbitrary detention, enforced disappearance, and torture and ill-treatment, drawing on the patterns of violations documented by LCW and the analysis of its database. <\/p>\n\n\n\n
He also addressed the impact of political, security, and judicial division in Libya on the perpetuation of impunity, the undermining of domestic litigation, and the absence of guarantees of non-recurrence. He emphasised the importance of the ICC continuing its work on the Libyan situation, focusing on those bearing the greatest responsibility for the crimes committed, and ensuring the cooperation of Libyan authorities and relevant states in implementing the Court’s orders. <\/p>\n\n\n\n
The roundtable featured interactive discussions attended by more than 50 participants, including representatives of States Parties to the Court, representatives of various ICC divisions, survivors, representatives of local and international civil society coalitions and organisations, as well as journalists, academics, and interested students. Discussions addressed questions relating to levels of responsibility for international crimes committed in Libya, the limitations of domestic investigation and accountability efforts, and the continued need for the ICC’s role as a primary avenue for victims in the absence of effective national accountability. <\/p>\n\n\n\n
Ali Omar, Executive Director of LCW, said: <\/p>\n\n\n\n
\nWitnessing one of the perpetrators standing rigid in a courtroom is a feeling that is difficult to describe. For many victims, survivors, defenders, and human rights organisations in Libya, this moment is not merely a routine judicial proceeding; it is the culmination of years of pain, work, perseverance, and an unrelenting insistence that these crimes must not be forgotten.<\/em>\u00a0<\/p>\n\n\n\n
But this is not the end; it is only the beginning. El-Hishri\u00a0is just one individual within a vast system of atrocity and repression that continues to shelter behind weapons and influence and to conceal itself behind impunity. And yet, I believe that his arrival at this moment has sent a clear message to all. Today, many perpetrators in Libya are looking at that courtroom and fearing that they may one day find themselves in the same position.<\/em><\/p>\n<\/blockquote>\n\n\n\n
Throughout the campaign, LCW stressed that the ICC’s efforts in Libya must not stop at this stage, and that achieving justice for victims requires ensuring the full cooperation of Libyan authorities with the Court, the enforcement of arrest warrants issued by the Court, the surrender of all those sought, and the provision of relevant evidence. LCW further affirmed that states must move beyond general political support for the Court’s work and employ practical tools of pressure to ensure Libyan authorities’ cooperation with the ICC, the protection of victims and witnesses, and the continuation of investigation and accountability processes for international crimes committed in Libya. <\/p>\n\n\n\n
This campaign forms part of LCW’s seven-year efforts to strengthen engagement with the ICC as one of the few available avenues for achieving justice in Libya, in cooperation with its local and international partners, through its human rights networks and coalitions, and within a victim-centred approach aimed at amplifying victims’ voices, mobilising international support for their cases, and pressing Libyan authorities to honour their legal obligations and end impunity.\u00a0\u00a0<\/p>\n\n\n\n