(The Hague) \u2013 The\u00a0International Criminal Court (ICC)\u2019s confirmation of war crimes and crimes against humanity charges against the Libyan suspect Khaled Mohamed Ali El Hishri, the first after 15 years of investigation, is a milestone for justice in Libya, Human Rights Watch said today.
On July 16, 2026, a panel of three pretrial judges\u00a0unanimously confirmed charges for 17 counts of war crimes and crimes against humanity against El Hishri, including torture, rape, sexual violence, murder, enslavement, and persecution allegedly committed against detainees in Tripoli\u2019s Mitiga Prison since 2015. The judges found substantial grounds to believe that El Hishri committed these crimes and decided to send his case to trial. A separate panel of judges will later announce the start date of the trial.
"The ICC\u2019s decision to move its first Libya case to trial opens a long-awaited door to justice for victims of Libya\u2019s abusive detention system,\u201d said\u00a0Alice Autin, international justice researcher at Human Rights Watch. \u201cLibyan authorities should support the proceedings and surrender remaining suspects in Libya to the court, demonstrating that they are genuine partners in ending the impunity that continues to fuel atrocities across the country.\u201d\u00a0
The decision to confirm the charges follows a\u00a0hearing on May 19-21, during which the pretrial judges heard from the Office of the Prosecutor, El Hishri\u2019s defense counsel, and victims\u2019 representatives to determine whether to send the case to trial. The prosecutor\u2019s office presented evidence to support 17 counts of war crimes and crimes against humanity, which could concern crimes against more than 900 detainees held at Mitiga Prison during the time El Hishri controlled the facility. The office indicated that these were\u00a0non-exhaustive lists, and that it may seek to present evidence of additional incidents and victims within the framework of the confirmed charges at trial.
The full decision on the confirmation of the charges against El Hishri could be appealed with pretrial chamber authorization.
Ahead of the confirmation of charges hearing, El Hishri\u00a0filed a challenge to the court\u2019s jurisdiction over his case, contending that the\u00a0declaration the Libyan government lodged in May 2025\u2014accepting the court\u2019s jurisdiction from 2011 to 2027\u2014was invalid and that the United Nations Security Council resolution referring the situation of Libya to the ICC prosecutor did not cover the case against him. On July 15, the judges\u00a0rejected the challenge and confirmed the court\u2019s jurisdiction over the case.\u00a0
German authorities arrested El Hishri in July 2025 and\u00a0surrendered him to the ICC in December, following necessary domestic proceedings. He has been in detention in The Hague ever since. The ICC has issued public arrest warrants against 14 people in relation to the Libya investigation, including El Hishri. Four have since died or were killed, and eight others remain fugitives, including in the east and west of the country, with an unconfirmed number believed to be in custody in Libya. One case has been declared\u00a0inadmissible before the ICC.
Under the UN Security Council resolution that first referred the situation in Libya to the ICC prosecutor and the Libyan authorities\u2019 2025\u00a0declaration accepting the court\u2019s jurisdiction from 2011 to 2027, Libyan authorities have a clear obligation to cooperate with the court. This includes arresting people wanted by the court who are in Libya and sending them to The Hague. As the ICC\u2019s deputy prosecutor has recently underlined in\u00a0briefings\u00a0to the UN Security Council, Libya\u2019s cooperation with the court has been largely\u00a0inadequate. Some Libyan authorities\u00a0have openly\u00a0opposed the trial of Libyans outside of Libya, as a matter of principle, and questioned the need for the ICC\u2019s involvement in some investigations in the country.\u00a0
The ICC is a court of last resort that steps in only when national authorities are unwilling or unable to investigate and prosecute serious crimes under the court\u2019s jurisdiction. Libyan authorities cannot simply assert that they prefer to handle cases domestically to avoid cooperating with the ICC. Domestic authorities and individuals wanted by the court may challenge the admissibility of specific cases at the ICC, but they must prove that there are genuine national proceedings covering both the same person and the same conduct being pursued by the ICC.
Authorities in western Libya have\u00a0reportedly arrested at least two suspects also wanted by the ICC in relation to serious crimes in Tarhuna, based on domestic investigations. They also reportedly\u00a0arrested Osama Elmasry Njeem,\u00a0wanted by the ICC for serious crimes allegedly committed in Mitiga and\u00a0named as one of El Hishri\u2019s co-perpetrators, and reportedly placed him in pretrial detention. His location and the exact timing of his detention have not been made public. The ICC prosecutor\u2019s office\u00a0noted that it has received no confirmation from Libya\u2019s General Prosecutor of Njeem\u2019s arrest and related investigation; other sources have indicated that Njeem is not currently detained.
Njeem was\u00a0arrested in Italy, in January 2025, but was released two days later on \u201cprocedural grounds\u201d and sent back to Libya. In October, ICC judges\u00a0found that Italy had breached its obligation to cooperate with the court by not surrendering Njeem and, in January 2026,\u00a0referred Italy to the court\u2019s member countries for further action. Njeem has\u00a0challenged the ICC\u2019s case against him, saying the court has no jurisdiction over it and that proceedings underway in Libya substantially cover the conduct for which he is wanted by the ICC. The challenge is pending before ICC judges. Meanwhile, Libya remains under an obligation to surrender Njeem to the court.\u00a0
On June 21, a Tripoli\u00a0criminal court sentenced Njeem to seven years and four months in prison for charges that include torture and cruel treatment of detainees at Mitiga Prison. Human Rights Watch did not monitor the proceedings, but it appears the domestic conviction only addresses, in a limited manner, the conduct alleged by the ICC prosecution. According to\u00a0reports, the proceedings concerned abuses against 10 detainees and one death due to torture, while the ICC warrant alleges that he is responsible for war crimes and crimes against humanity, including the killing of at least 34 detainees.\u00a0
Human Rights Watch has\u00a0found that credible justice in Libya remains out of reach without substantial reforms, including an adequate legal framework for investigating and prosecuting serious international crimes.
In May 2026, a Tripoli appeals court\u00a0acquitted Abdullah al-Senussi, the former intelligence chief under Gaddafi, of all charges against him related to the 2011 revolution, including the killing of protesters. In 2014, ICC judges\u00a0declared the case against Abdullah al-Senussi\u00a0inadmissible before the court on the basis that Libya was genuinely investigating him, despite serious\u00a0due process concerns with the domestic proceedings. This verdict, following deeply flawed proceedings, is a reminder that Libyan judicial authorities are both unable and unwilling to genuinely try those responsible for serious crimes and that the Libyan system remains inadequate for prosecuting serious international crimes, Human Rights Watch said.
\u201cLibya should not shield ICC fugitives in defiance of its international obligations,\u201d Autin said. \u201cWith no signs of improvement in Libya\u2019s deeply flawed justice sector, the ICC remains essential to deliver a measure of justice for victims of serious crimes committed in the country since 2011.\u201d
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