A step towards accountability in Libya: The arrest of El Hishri
Closing Statements in the Al Hassan trial, ©ICC-CPI
Image source: https://flic.kr/p/2oCkd86
By Astrid Bochnakian / GICJ
On 16 July 2025, German police arrested Libyan national Khaled Mohamed Ali El Hishri at Berlin Brandenburg Airport. This arrest was carried out based on a sealed arrest warrant issued by the International Criminal Court (ICC) on 10 July 2025, in accordance with Germany’s obligations as a State Party to the Rome Statute. Also known as “Al Buti”, Mr. Hishri was placed in German custody as part of the Federal Republic’s cooperation with the ICC.
Background of the Libyan Situation at the ICC
Mr. Hishri is alleged to have served as the most senior official at the Mitiga Prison, a detention centre near Tripoli, Libya [1], where thousands of people were reportedly detained for prolonged periods. In this capacity, he is suspected of committing, ordering and overseeing crimes against humanity and war crimes, namely murder, torture and sexual violence, between February 2015 and early 2020. He is also believed to have been a member of the Special Deterrence Force, a military police unit under the Libyan Presidential Council, the internationally recognised government of Libya since 2016.
The situation in Libya was referred to the ICC by the UN Security Council (UNSC) in February 2011 [2], under Article 13(b) of the Rome Statute, as Libya is not a State Party. The UNSC justified this referral by citing the “violence and use of force against civilians” and “gross and systematic violations of human rights, including the repression of peaceful demonstrations” during the early days of the protests against the Gaddafi Regime. These protests eventually escalated as government forces cracked down on demonstrators in several cities, sparking widespread uprisings across the country that led to the overthrow of the Gaddafi regime in October 2011.
In March 2011, the ICC opened its investigation into alleged crimes against humanity and war crimes committed in the context of the situation in Libya from 15 February 2011 [4]. It has since issued 12 warrants, including against the late Muammar Gaddafi and his son Saif Al-Islam Gaddafi, and several senior military officials, including Mr. Hishri. In May 2025, Libya accepted, under Article 12(3) of the Rome Statute, the Court’s jurisdiction until 2027, enabling the investigation and prosecution of individuals for international crimes committed by Libyan nationals, against Libyan nationals or on Libyan territory since 15 February 2011. As of early July 2025, eight suspects targeted by an arrest warrant were still at large.
Statement of ICC Prosecutor Karim A.A. Khan KC to the United Nations Security Council
on the Situation in Libya, May 2025
© UN Photo/Manuel Elías, Image source: https://www.icc-cpi.int/news
The impact of El Hishri’s arrest
Mr. Hishri’s arrest marks a significant step in the Court’s efforts to ensure accountability for war crimes and crimes against humanity in Libya. Although most of the suspects are still at large, this development demonstrates that cooperation between the ICC and State Parties can lead to tangible results. At a time of mounting criticism and political pressure against the ICC, including from State Parties [6], upholding obligations under the Rome Statute is vital to preserve the Court’s ability to fulfil its role and effectively deliver justice for international crimes under its jurisdiction.
Why executing ICC arrest warrants matters
Mr. Hishri’s arrest comes at a time when several States have refused to execute ICC arrest warrants. Although all 125 State Parties of the Rome Statute are bound to cooperate with the Court and execute its warrants, several have recently refused to uphold them, particularly in the cases against Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin. Some states, including Hungary, France and Mongolia, have asserted the immunity of heads of State and political interest to justify their non-compliance. Others, such as Italy in the case of Osama Elsmary Njeem, another suspect in the situation in Libya, have invoked hurdles in domestic legislation to avoid enforcing ICC warrants: Mr. Njeem was arrested in January in Italy and then released in early February 2025 due to “errors and inaccuracies” in the ICC’s arrest warrant. He was also labelled as a “national security risk” by the Italian Minister of Interior, Matteo Piantedosi [4]. As a senior officer at the Mitiga Prison and the head of Libya’s judicial police, Mr. Njeem was allegedly responsible for the war crimes and crimes against humanity of murder, rape and torture, committed in the detention centre from February 2015 onwards [5].
The ICC has also faced criticism for a perceived double standard, notably for disproportionately prosecuting African suspects, as well as for overstepping a State Party’s sovereignty when investigating international crimes committed in its territory, by or against its nationals, and prosecuting those responsible. It is key to remember that the ICC only has jurisdiction when a State Party is unable or unwilling to prosecute individuals allegedly responsible for ordering, aiding, abetting, and committing international crimes, provided that these individuals are either nationals of that State, have committed crimes against its nationals, or have committed such crimes on its territory. Therefore, the ICC only has jurisdiction to ensure that those who cannot or are not being held accountable for their crimes by States can still be prosecuted, bringing justice for their victims and combatting impunity.
Ntaganda case: Trial Chamber II delivers order on reparations, ©ICC-CPI
Image source: https://flic.kr/p/2oPt17n
A State’s refusal to execute ICC arrest warrants severely undermines the Court’s effectiveness in holding those responsible for international crimes accountable, contributing to impunity and ultimately weakening the rule of law on a global scale.
The ICC and efforts against genocide in Palestine
States’ non-compliance with executing ICC arrest warrants in the situation of the State of Palestine further undermines the global response to the atrocities currently unfolding in Gaza, including the ongoing genocide. While the ICC has issued warrants against Netanyahu and former Defence Minister Yoav Gallant, for “war crimes of starvation as a method of warfare and of intentionally directing an attack against civilian population”, and “crimes against humanity of murder, persecution, and other inhumane acts” [7], the scale and gravity of the atrocities in the Gaza Strip demand that the Court also consider the charge of genocide. With over 60,000 civilians killed [8], widespread destruction, and the prolonged blockade and weaponisation of aid, contributing to the mass starvation already identified as a weapon of war, these acts constitute severe violations of international law, including war crimes and crimes against humanity. Together, they amount to a genocidal policy, marked by the intent to destroy, in whole or in part, the Palestinian people in Gaza. As stated in Article 5 of the Rome Statute, genocide falls under the jurisdiction of the ICC. The Court’s ability to address these crimes is not only essential to ensuring accountability and bringing justice to the victims, but it is also vital to fulfilling the ICC’s mandate of genocide prevention.
Geneva International Centre for Justice (GICJ) welcomes this arrest as a step towards accountability. GICJ urges all State Parties to the Rome Statute to cooperate with the ICC and contribute to its efforts towards justice in Libya, including by executing the seven other public warrants related to the situation in Libya. While Germany prepares to surrender Mr. Hishri to the ICC custody and national proceedings are underway, GICJ stresses the need for due process. GICJ also calls on Libya to extend its acceptance of the ICC’s jurisdiction beyond 2027 to ensure that all suspects can be apprehended and prosecuted accordingly. Finally, GICJ calls all State Parties to execute the arrest warrants issued for the situation in the State of Palestine, to end the unfolding atrocities in the Gaza Strip and contribute to bringing the ongoing genocide to an end.
[2] Libyan war crimes suspect arrested in Germany under ICC warrant
[4] Libyan war crimes suspect freed because of errors in warrant, Italy says
[6] Israel-Gaza: The International Criminal Court in turmoil
[7] Situation in the State of Palestine - ICC
[8] Over 60,000 Palestinians have died in the Israel-Hamas war, Gaza’s Health Ministry says
