El Hishri family questions ICC judge’s impartiality

The family of Libyan citizen Khaled Mohamed Ali El Hishri has voiced concern over what it described as conduct by Judge Iulia Antoanella Motoc, the Presiding Judge of Pre-Trial Chamber I of the International Criminal Court (ICC), saying her actions could raise questions about the perception of judicial impartiality in the case.

In a statement sent to Libyan Express on Friday, the family expressed concern over Judge Motoc’s reported use of social media to share media coverage relating to El Hishri, including articles it said contained prejudicial headlines and language implying guilt before the conclusion of legal proceedings.

The family also objected to public references describing the proceedings against El Hishri as a “major achievement”, arguing that such remarks, when made outside the courtroom, could be interpreted as suggesting a predetermined view of the case before the judicial process has run its course.

According to the statement, the Rome Statute and established principles of international justice require judges to maintain the highest standards of independence, integrity and impartiality, and to refrain from conduct that may give rise to legitimate concerns about the neutrality of judicial proceedings.

The family reiterated El Hishri’s right to a fair trial and due process, including what it described as his right to appear before the competent national judiciary in accordance with the principles of justice and the rule of law.

It further stressed the importance of upholding the presumption of innocence and protecting the rights of the defence, saying these principles are essential to maintaining confidence in the fairness and integrity of judicial proceedings.

The International Criminal Court did not immediately respond to a request for comment on the family’s allegations.