ICC Orders Libyan Prison Commander to Trial on 17 Torture and War Crime Charges

The International Criminal Court has unanimously confirmed 17 charges against Khaled Mohamed Ali El Hishri, a Libyan militia commander, ordering him to stand trial for crimes against humanity and war crimes committed at Mitiga prison between 2014 and 2020. El Hishri, identified as a senior member of the Rada militia (Deterrence Force) and commander of the prison's women's section, faces charges including torture, sexual violence, murder, enslavement, and persecution affecting thousands of detainees over a six-year period. The judges determined there are "substantial grounds to believe" El Hishri bears responsibility for the alleged crimes, based on evidence presented by prosecutors and defence counsel, as well as testimony from 63 witnesses, 47 of whom were detained at Mitiga.

El Hishri was arrested by German authorities on 16 July 2025 under a sealed ICC warrant and transferred to the Netherlands on 1 December 2025. The decision to confirm charges came after a May hearing where prosecutors presented their evidence summary. His defence team had challenged the court's jurisdiction, but judges confirmed in a separate ruling this week that the ICC has authority in the case. No trial date has been set. This marks the ICC's first major trial focusing on Libya, which is not an ICC member state but was referred to the court by the U.N. Security Council in 2011 as the country descended into instability following the overthrow of longtime leader Moammar Gadhafi.

Deputy Prosecutor Nazhat Shameem Khan described the confirmation decision as an important milestone, stating it "brings us a step closer to delivering justice for thousands of victims who were unlawfully arrested, detained and subjected to severe suffering in Mitiga Prison." The decision has come amid broader international scrutiny of the ICC. On 16 July 2026, U.S. Secretary of State Marco Rubio announced a "sweeping campaign to dismantle the threat posed by the International Criminal Court to U.S. sovereignty," with plans to pressure ICC member states to withdraw and to sanction organizations working with the court. The Trump administration has previously imposed sanctions on ICC chief prosecutor Karim Khan and other staff in response to the court's investigations into Israeli officials regarding the war in Gaza and into U.S. personnel in Afghanistan.