29 May 2026
“Detention Has Become an Industry in Libya”
In May 2026, the International Criminal Court concluded its confirmation of charges hearing against Khaled El Hishri, a former senior officer of Libya's Special Deterrence Force (SDF/RADA). While the charges are directed at an individual for acts committed at Tripoli's Mitiga prison between 2014 and 2020, they emerge from a system that is much harder to disentangle. We asked Allison West, Senior Legal Advisor at European Center for Constitutional and Human Rights, ECCHR, to unpack the complexities of this case and situate it within the broader struggle for justice in Libya. Continue reading >>
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02 April 2024
Refoulement As A Crime
Last month, the Italian Court of Cassation upheld the (suspended) sentence of one year’s imprisonment of the shipmaster of the Italian ship Asso28. He was convicted of two offences of abandonment for returning and handing around 100 migrants over to the personnel of a Libyan patrol boat, including some unaccompanied minors and pregnant women, whom he had previously rescued in international waters within the Libyan SAR zone. The case constitutes the first time an individual was held criminally responsible for failing to fulfil the duty of non-refoulement. Until recently, the refoulement duty has only served to exclude the liability of shipmasters who had complied with it whenever they were accused of facilitating irregular immigration. This case indicates the emergence of a new function of the principle, namely that of grounding the criminal liability of those who violate it. Continue reading >>25 February 2016