First Libya Suspect Appears before the ICC – A Step Toward Accountability for War Crimes in Libya

On 3 December 2025, Khaled Mohamed Ali El-Hishri, a Libyan senior official of the Special Deterrence Force for Combatting Terrorism and Organised Crime (SDF), also known as ‘Al-Radaa’, appeared before the International Criminal Court (ICC). Arrested on 16 July 2025 in Germany pursuant to an ICC arrest warrant, and surrendered into the ICC’s custody in The Hague, the Netherlands, on 1 December 2025, he is the first person facing prosecution before the ICC for serious international crimes committed in Libya.  

Mr El-Hishri is suspected of committing or overseeing crimes against humanity and war crimes in Mitiga Prison between 2015 and early 2020. These crimes include murder, torture, cruel treatment, rape and other forms of sexual violence, persecution, and outrages upon personal dignity.  

Mr El-Hishri’s prosecution before the Court comes more than 14 years after the United Nations Security Council referred the situation in Libya to the ICC in February 2011. His case presents an important opportunity for his victims to obtain some justice and has the potential to curb the cycle of impunity in Libya.  

Lawyer s for Justice in Libya (LFJL) spoke with victims in Libya, one of whom highlighted:  

“I followed the news of the International Criminal Court receiving Khaled El-Hishri in The Hague, and immediately my family and I felt a sense of joy and relief. It was a big day when we saw one of the biggest criminals in this militia behind bars.  This arrest is a message to the rest of the perpetrators that your actions and crimes will not go unpunished. It is time for us and our families to rejoice a little after the years of detention, torture, and suffering that I endured inside that notorious prison."

Mehdi Ben Youssef, LFJL Programme Lead on Accountability, was present during Mr El-Hishri’s appearance before the Court.  

“We know that this case may seem a drop in the ocean of impunity that still prevails in Libya, but it is a significant development in Libya’s journey toward justice and accountability,” said Mehdi Ben Youssef. “For more than a decade, we have been supporting the Court’s work in Libya. In many years where nothing seemed to be happening, when no progress was made and many started losing hope in the ICC, we worked with partners across the country to document crimes committed, urged the Court to be more transparent in its work and accessible to victims, and continued calling on States Parties and the Court not to forget ‘the Libya situation’. Mr El-Hishri’s appearance at the ICC and his upcoming trial underline the importance of this work.”

Throughout the Court’s engagement in Libya, civil society organisations were the one source of constant support. Their commitment often comes at great personal and organisational risk as civic space across the country is shrinking, and systematic abuses and crimes continue being committed to silence human rights defenders and activists. Despite these challenges, their vital work in support of the Court remained steady and continues to this day.  

“The case of Khaled El-Hishri before the ICC restores some hope that perpetrators of war crimes and crimes against humanity will be prosecuted after all. This will greatly contribute to reducing the impunity of criminals, especially given the failure of the national judiciary to pursue such suspects,” said one of LFJL’s partners in Libya. [LFJL cannot name most of its partners in Libya due to risks for their security and safety.]

This week, ICC States Parties meet in The Hague to discuss and agree on the Court’s budget for 2026. Whilst this development is a positive turning point, at least nine ICC arrest warrants are yet to be implemented in the Libya situation alone. To see more prosecutions before the Court, effective State cooperation with the Court, and meaningful empowerment, in the form of long-term political and financial support by all States Parties, is vital.  

“States Parties must continue supporting not only the Court itself, but also the civil society organisations critical to the Court’s ability to fulfil its mission. The success of the Court generally, and of this case specifically, depends on our ability to do our work,” said Ben Youssef.  

The next hearing in Mr El-Hishri’s case is provisionally scheduled for 19 May 2026 for the confirmation of charges against him. The Pre-Trial Chamber will determine whether there is sufficient evidence to establish grounds to believe that he is responsible for the alleged crimes.  

LFJL will continue supporting victims in this and other ICC cases to enable their safe and meaningful participation and ensure that the proceedings in The Hague resonate in Libya.

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LFJL is under significant financial constraints due to funding cuts, please support us to continue our work on the ICC here.

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