“This is moment of reckoning, a monumental achievement.” That’s what our partner David Yambio said on 20 May in The Hague. There, a three-day hearing had just begun before the International Criminal Court (ICC) – a development that offers hope in many ways. This is especially true for those of us at ECCHR who have been advocating for many years, through ICC communications and other legal interventions, for a comprehensive investigation and prosecution of international crimes committed in Libya and the Mediterranean. Now, for the first time in the ICC’s 15-year-long investigation into the situation in Libya, a preliminary proceeding has been opened – and the accused was present in person when the indictment was read. Khaled Mohamed Ali El Hishri, an official in charge of the Mitiga detention center in Libya, has been charged with the most serious crimes against humanity, as well as war crimes. It is thanks to the victims and survivors that these crimes are finally being addressed before an international court – despite all attempts to render them invisible and silence them: crimes including forced labor, torture, rape, and other abuses in Libya and in the Mediterranean. They achieved this in spite of the widespread denial of their rights by Europe’s border regimes, asylum systems, and colonial-era racist social structures, as well as within an international legal system whose bureaucracy and terminology were shaped for and by the powerful in the Global North. David Yambio and 63 other victims of these crimes have shared their traumatic experiences and memories with the court. According to David Yambio, they carried their fellow sufferers with them into the courtroom that day and will do so forever. This is where international justice must address something it has kept silent about for far too long: crimes that continue to be committed on a daily basis – with the active participation of European institutions – against Black Africans, migrants, refugees and Libyans. The fact that the court hearing explicitly addressed the crime of slavery “touched on emotional and historical burdens that are almost impossible to describe in words.” By 20 July at the latest, the three judges presiding over the ICC’s Pre-Trial Chamber must now decide whether to open the main proceedings against Khaled Mohamed Ali El-Hishri. Regardless of their ruling, the May 2026 hearing demonstrated the power inherent in international law when it is consistently applied. For us, this means that European accomplices must finally be held accountable as well. These days in May serve as a guide for us in the urgent current and future struggles.
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