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Photo by Tony Webster (CC BY 2.0)
The International Criminal Court (ICC) has confirmed the transfer of Khaled Mohamed Ali El Hishri, a Libyan war crimes suspect, from Germany to its custody in The Hague, marking a significant development in efforts to hold perpetrators of atrocities in Libya accountable.
El Hishri is alleged to have been a senior official at Mitiga Prison in Libya, where thousands of people were detained for extended periods. The Office of the Prosecutor say he committed, ordered, or oversaw crimes against humanity and war crimes between February 2015 and early 2020, including murder, torture, cruel treatment, rape and other forms of sexual violence, persecution, and outrages upon personal dignity.
German authorities arrested El Hishri in July 2025 pursuant to a sealed ICC arrest warrant. He remained in Germany while domestic judicial proceedings were completed under Article 59 of the Rome Statute, before being surrendered to the Court in December 2025. El Hishri made his initial appearance before ICC Pre-Trial Chamber I later that month, and a hearing to confirm the charges is provisionally scheduled for May 2026.
The case comes more than 14 years after the United Nations Security Council referred the situation in Libya to the ICC in 2011, making it only the second such referral to the Court after Darfur, Sudan. While Libya is not a party to the Rome Statute, it formally accepted the ICC’s jurisdiction over crimes committed on its territory from 2011 through the end of 2027 under Article 12(3) in May this year.
The United Nations Support Mission in Libya (UNSMIL) welcomed El Hishri’s transfer, describing it as an important step toward justice and accountability for victims of serious human rights abuses. UNSMIL emphasized that accountability for mass atrocities is critical to sustainable peace and reaffirmed its commitment to supporting efforts to end impunity in Libya.