International Criminal Court confirms Libyan war crimes suspect is now in custody

The International Criminal Court (ICC) has confirmed that Khaled Mohamed Ali El Hishri, wanted for alleged war crimes and crimes against humanity in Libya between 2015 and 2020, is now in its custody. Authorities in Germany, where he was arrested on July 16, handed him over to the court in The Hague, Netherlands, on Monday.

According to the ICC, El Hishri is believed to have held a top position at Mitiga Prison, where thousands of people were reportedly detained for long periods. The court stated that he is suspected of committing, ordering, or supervising acts constituting crimes against humanity and war crimes, including murder, torture, rape, and other forms of sexual violence in Libya from February 2015 to early 2020.

The ICC has been investigating alleged atrocities in Libya since March 2011, following a referral from the United Nations Security Council (UNSC).

El Hishri is now held at the ICC Detention Centre in The Hague. A hearing for his initial appearance before the court will be scheduled in due course.

The transfer of El Hishri to ICC custody occurred shortly after the courts deputy prosecutor, Nazhat Shameem Khan, briefed the UNSC in New York on the ongoing Libya case. She highlighted a "new momentum towards justice in Libya" and noted that detention facilities in the country have long been exempt from accountability. Khan also mentioned the challenges faced by the ICC, including intimidation against its officials, and emphasized that the victims of serious crimes risk losing justice due to such pressures.

Although Libya has not ratified the Rome Statutethe treaty establishing the ICCit accepted the courts jurisdiction over its territory from 2011 through 2027, as confirmed earlier this year.

The ICC currently has nine other outstanding arrest warrants related to the same investigation, including for Saif Al-Islam Gaddafi, son of former Libyan leader Muammar Gaddafi, and Chief of Judicial Police Osama Elmasry Njeem. Njeem was detained in Italy in January but reportedly released and returned to Libya, where he faced arrest last month. The ICC reminded states party to the Rome Statute, including Italy, of their obligation to cooperate fully with its investigations and prosecutions.

Established in 2002, the ICC prosecutes individuals accused of serious crimes such as war crimes and crimes against humanity. Unlike the International Court of Justice (ICJ), also located in the Netherlands, the ICC operates independently of the United Nations and relies on the cooperation of its member states to enforce its rulings.

Author: Sophia Brooks