20261003 Gleichheit vor Gericht?

03.10.2026 Gleichheit vor Gericht?

International law is not a “make-a-wish” game

On July 16, 2025, the Federal Police arrested the Libyan Mohamed Ali El Hishri at Berlin-Brandenburg Airport. In doing so, German authorities executed a warrant issued by the International Criminal Court (ICC). The ICC accuses Khaled Mohamed Ali El Hishri of being a high-ranking official of the armed group Special Forces (SDF/RADA), responsible for the Mitiga prison area in Tripoli, Libya, and thus accountable for the crimes against humanity committed there. This includes torture and other inhumane acts, rape and other forms of sexual violence, murder, attempted murder, and enslavement.

In December 2025, El Hishri was transferred to The Hague; his trial is set to begin there on May 4, 2027, according to the Fundamental Rights Committee in the article linked below regarding his crimes.

So far, so good, because it should go without saying that Germany should execute ICC arrest warrants without regard to the person’s status. After all, Germany is a State Party to the International Criminal Court, unlike the United States, Russia, and Israel. However, the ICC can also take action against individuals from states that reject the ICC if they have committed crimes in signatory states.

In this respect, the legal situation is clear; what is less understandable, however, is the announcement by Federal Chancellor Friedrich Merz, who — regarding the arrest warrant against Israeli Prime Minister Netanyahu — stated that, in the event of a planned visit to Germany, he would allow Netanyahu to enter and leave the country without being arrested. In doing so, as head of the executive branch, he is clearly positioning himself against the judiciary, which would be obligated by international treaties to provide mutual legal assistance. But South Africa’s lawsuit against the Israeli army for crimes against humanity in Gaza and Lebanon will proceed even in the absence of the defendants ...

P.S. It is interesting to note in this context that the U.S. is even exerting personal pressure on judges at the ICC. Tagesschau.de reports: Secretary of State Marco Rubio announced sanctions against the court’s president, Japanese Judge Tomoko Akane, and the current lead prosecutor, Abdoulaye Seye of Senegal. However, the U.S. is also affected by the ICC, as the court has also investigated alleged crimes committed by U.S. soldiers in Afghanistan.

Translated with DeepL.com (free version)