El Hishri arrest marks first ICC development in Libya case
A coalition of international human rights organisations, including the International Federation for Human Rights (FIDH), has called on all governments—particularly those involved in Libya—to fully cooperate with the International Criminal Court (ICC) following the recent arrest of a Libyan national accused of serious crimes under international law.
In a joint statement sent to Libyan Express, the organisations welcomed the arrest of Khaled Mohamed Ali El Hishri, known as 'Al-Buti', by German authorities at Berlin Brandenburg Airport on 16 July 2025, based on an ICC arrest warrant. The groups praised Germany for what they described as a swift and responsible move that could mark a turning point in the ICC's long-running investigation into crimes committed in Libya.
El Hishri is alleged to have held a senior position at Mitiga Prison, one of Libya's most controversial detention centres, operated by the Special Deterrence Force for Combating Terrorism and Organized Crime (commonly known as Al-Radaa), a powerful security entity affiliated with the Libyan Presidential Council.
According to the ICC, El Hishri is suspected of committing or facilitating crimes against humanity and war crimes, including murder, torture, rape, and other forms of sexual violence, between 2015 and 2020. The charges relate to acts allegedly committed against detainees—both Libyans and non-Libyans—during a period marked by escalating conflict and institutional fragmentation across the country.
'This arrest offers a rare opportunity to re-energise the stalled path to accountability in Libya,' the coalition said. 'It is also a message to survivors that international justice mechanisms are still functioning, even when national courts cannot act.'
This marks the first arrest under the ICC's Libya investigation that is expected to lead to formal proceedings in The Hague. The move comes more than a decade after the United Nations Security Council referred the situation in Libya to the Court through Resolution 1970 (2011), in response to widespread violence and reported abuses during the country's uprising and subsequent conflict.
However, the human rights groups expressed concern over inconsistent cooperation from states. They cited the case of Osama Elmasry Njeem, another senior member of Al-Radaa, who was arrested by Italian authorities in January 2025 on similar charges related to Mitiga Prison. Instead of surrendering him to the ICC, Italy returned him to Libya, where he was reportedly received by both government figures and armed groups. The ICC is currently reviewing whether Italy violated its obligations under the Rome Statute by failing to hand over the suspect.
'Such actions undermine the credibility of international justice efforts and send the wrong message to victims and perpetrators alike,' the statement noted.
The coalition urged Libyan authorities—across all regions and institutions—to meet their obligations under international law, including the arrest and surrender of individuals subject to ICC warrants. Despite repeated requests, successive governments in both eastern and western Libya have failed to fully cooperate with the ICC.
The groups also drew attention to the ongoing suffering of detainees in official and unofficial detention centres across Libya, where arbitrary detention, torture, extortion, and sexual violence remain widespread. Many of these abuses, they said, are committed with near-total impunity by armed groups, state-linked forces, and local militias.
They called on the ICC's Office of the Prosecutor to broaden its investigation and pursue accountability for a wider range of actors—including both Libyan and non-Libyan individuals—who have contributed to or enabled serious violations.
'For Libya to move forward, justice must apply to all, regardless of affiliation or position,' the statement concluded. 'Accountability is not only about the past—it is also about preventing future abuses and restoring trust in the rule of law.'
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