Source: ICC
The Hague: German authorities arrested Libyan national Khaled Mohamed Ali El Hishri on July 16, 2025, pursuant to a sealed warrant issued by the International Criminal Court (ICC) on July 10, 2025, marking a significant step in addressing alleged war crimes and crimes against humanity in Libya.
El Hishri, a senior official of the Special Deterrence Forces, also known as SDF or RADA, is accused of committing, ordering, or overseeing serious offenses, including murder, torture, rape, and sexual violence, at Mitiga Prison in Tripoli between February 2015 and early 2020. The Office of the Prosecutor (OTP) of the ICC, which has been investigating the Libya situation since 2011, welcomed the arrest as a key development in its pursuit of accountability for crimes in Libyan detention facilities.
The ICC’s investigation into Libya was initiated following a unanimous referral by the United Nations Security Council through Resolution 1970 on February 26, 2011, in response to widespread violence during the 2011 Libyan Civil War, which culminated in the ousting of longtime leader Muammar Gaddafi. The resolution condemned the use of lethal force against civilians and highlighted systematic human rights violations, including attacks on peaceful demonstrators.
Libya, not a state party to the Rome Statute, accepted ICC jurisdiction for alleged crimes committed on its territory from February 15, 2011, to December 31, 2027, through a declaration lodged on May 12, 2025, under Article 12(3) of the Rome Statute, enabling the court to investigate and prosecute crimes such as genocide, war crimes, crimes against humanity, and aggression.
The ICC’s Pre-Trial Chamber I found reasonable grounds to believe El Hishri is criminally responsible for the alleged crimes, based on an application for his arrest filed by the OTP on April 3, 2025. During the period in question, El Hishri was allegedly a senior official at Mitiga Prison, a facility notorious for detaining thousands of individuals, including Libyans and migrants, under brutal conditions.
Reports from organizations like the European Center for Constitutional and Human Rights have documented systematic abuses in Libyan detention centers, including torture, arbitrary detention, and sexual violence. The OTP’s investigation, led by the Libya Unified Team under Deputy Prosecutor Nazhat Shameem Khan, has prioritized crimes in detention facilities, supported by the court’s Tracking and Information Fusion Section and coordination with German authorities and the ICC Registry.
El Hishri is in custody in Germany, and the ICC is awaiting his transfer to The Hague, subject to German legal processes, for judicial proceedings. The court expressed gratitude to German authorities for their cooperation and to Libyan victims and witnesses whose courage has been instrumental.
The Libya situation has seen 10 ICC arrest warrants, with seven still pending, including one for Saif Al-Islam Gaddafi, son of the former leader. The investigation, ongoing since March 2011, covers alleged crimes across Libya, including in Tripoli, Benghazi, and Misrata, with a focus on the 2011 uprising, the 2014-2020 hostilities, and detention facility abuses. The release of another Mitiga Prison official, Osama Elmasry Njeem, by Italian authorities in January 2025, despite an ICC warrant, drew widespread criticism from human rights groups for undermining accountability.
The OTP continues its work across multiple lines of inquiry, aiming to conclude its investigative phase by the end of 2025, as outlined in its roadmap to the UN Security Council.
The ICC, established in 2002 under the Rome Statute to prosecute the most serious international crimes, relies on cooperation from Libyan authorities and international partners to execute warrants and deliver justice for victims of Libya’s ongoing conflict, marked by instability and impunity since 2011.
– global bihari bureau
