Effective Cooperation at Work: The Arrest of El Hishri and the Challenges Ahead
Mr Khaled Mohamed Ali El Hishri is wanted for alleged crimes against humanity and war crimes, including murder, torture, rape and sexual violence, committed between early 2015 and 2020 in prisons under the Situation in Libya. Mr El Hishri is alleged to have been one of the most senior officials at Mitiga Prison, where thousands of persons were detained for prolonged periods under harrowing conditions.
The suspect is currently in custody in Germany, pending the completion of national procedures prior to his expected transfer to The Hague to stand trial before the ICC. This arrest follows years of documentation and advocacy efforts by victims, survivors, and civil society actors who have persistently demanded justice for victims of Rome Statute crimes allegedly committed in Libya.
The ICC Office of the Prosecutor highlighted that “the arrest of Mr El Hishri is an important development in the Office’s efforts to seek accountability in the Situation in Libya, particularly for crimes in detention facilities, in accordance with its renewed strategy under UN Security Council resolution 1970 (2011) and Libya’s declaration accepting ICC jurisdiction with respect to alleged crimes in its territory from 2011 to the end of 2027. In recent reports to the UN Security Council, the Office had identified the arrest and trial of a suspect in this situation in 2025 as a key priority. In coordination with the Registry, we have now taken a key step towards realising this priority.”
Libyan civil society organisations have responded with cautious hope.
As Libya Crimes Watch stated, "the arrest of Khaled Al-Haishri, following that of Osama Njeem, marks a crucial turning point in the pursuit of accountability in Libya. It unequivocally communicates to leaders of armed groups that impunity will no longer be tolerated. This development has instilled palpable anxiety and apprehension among those who have long operated without oversight or consequence.”
Issuing a strong message of support, Lawyers for Justice in Libya welcomes “this development which can be an important step towards ending impunity for war crimes and crimes against humanity in Libya. We commend the German authorities for their positive cooperation with the ICC in ensuring a swift arrest of the suspect while present in Germany, in accordance with Germany’s obligations under the Rome Statute of the ICC.”
Civil society demands action: Justice must be backed by cooperation and support
The Coalition for the ICC calls on all states and international actors to uphold their responsibilities and reinforce the Rome Statute system. This includes:
1. Cooperating with the International Criminal Court
Accountability at the ICC goes hand in hand with cooperation. The arrest of Khaled El Hishri was made possible as a result of one state meeting its cooperation obligations. Others must now follow. In Resolution 1970 (2011), the United Nations Security Council made clear that:
“The Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor.”
All states, whether parties to the Rome Statute or not, have a role to play by:
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Executing all outstanding arrest warrants without delay.
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Providing full assistance to ongoing investigations.
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Conclude voluntary cooperation agreements that make justice more than an aspiration.
"The ICC continues to prioritise stronger internal coordination and deeper external cooperation to implement judicial orders and arrest warrants, which are essential steps for proceedings to move forward and for victims to see justice delivered," said the ICC Registrar Osvaldo Zavala Giler, thanking “the national authorities for their strong and consistent cooperation with the Court, including leading to this recent arrest."
2. Defending the Court’s mandate
The International Criminal Court is a cornerstone of the global rules-based order. We call on all states and institutions to unequivocally reaffirm their commitment to the Court’s independence and mandate. This means:
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Speaking out, consistently and visibly, for the ICC’s role in justice for victims in all situations under its jurisdiction.
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Reasserting the ICC’s legitimacy as a vital institution for accountability and the rule of law.
In the face of political pressure and rising threats, silence is complicity. Justice must be defended, openly, clearly, and without exception.
3. Protecting Libyan and global civil society and human rights defenders
Those who work for justice in Libya and support victims of Rome Statute crimes face growing intimidation and reprisals. National frameworks must be reinforced to ensure their safety and ability to act without fear.
When arrest warrants are ignored, justice is denied
The execution of arrest warrants is not a procedural formality: it is the linchpin of international justice. Without enforcement, even the strongest legal mandates risk becoming hollow promises.
The case of Osama Elmasry Njeem serves as a stark reminder. On 18 January 2025, Pre-Trial Chamber I of the ICC issued a warrant for Mr Njeem in connection with the Situation in Libya.
Mr Osama Elmasry Njeem, who is alleged to have been in charge of prison facilities in Tripoli, where thousands of persons were detained for prolonged periods, is suspected of crimes against humanity and war crimes, including murder, torture, rape and sexual violence, was located and arrested in Turin, Italy, less than 24 hours later. However, Mr Njeem was reportedly released on 21 January 2025 and transported back to Libya, without prior notice or consultation with the Court.
For survivors, the consequences were devastating.
“The fragile hope for justice that we were all holding on to has been crushed,” said David Yambio, a survivor of Mitiga Prison and Co-Founder of Refugees in Libya. “It is a betrayal, and complicity, of the Italian government,” he added, underscoring Italy’s broader role in supporting actors responsible for violence in Libya.
The implications extend beyond this one case. The European Center for Constitutional and Human Rights (ECCHR) has raised serious concerns for the safety of witnesses, particularly those residing in Italy, who courageously spoke out against Mr Njeem.
This incident did not occur in a vacuum. Victims of abuses at Mitiga Prison and elsewhere have long endured a sense of abandonment by the international community.
“Victims and their families, particularly mothers who lost their children or were unable to access their bodies, have long felt that justice was distant, even impossible,” said one of Lawyers for Justice in Libya’s partners working with victims inside Libya. “This feeling was reinforced by the impunity enjoyed by perpetrators, who were protected by militias or obtained diplomatic passports, as was the case with Khaled Al-Hishri.”
The contrast between the successful arrest of Khaled El Hishri and the failed surrender of Osama Njeem illustrates the stakes: justice depends on the consistency of state cooperation.
Background
The situation in Libya was referred to the ICC by the United Nations Security Council on 26 February 2011 through Resolution 1970. On 3 March 2011, the Prosecutor announced the opening of a formal investigation. On 12 May 2025, Libya accepted the Court’s jurisdiction over its territory from 2011 through the end of 2027.
Despite some progress, challenges remain. Eight ICC arrest warrants in the Libya situation are still outstanding against the following individuals:
Mr Osama Elmasry Njeem, Mr Abdurahem Khalefa Abdurahem Elshgagi, Mr Makhlouf Makhlouf Arhoumah Doumah, Mr Nasser Muhammad Muftah Daou, Mr Mohamed Mohamed Al Salheen Salmi, Mr Abdelbari Ayyad Ramadan Al Shaqaqi, Mr Fathi Faraj Mohamed Salim Al Zinkal, and Mr Saif Al-Islam Gaddafi.
Further information on this situation is available here.
About the Coalition for the International Criminal Court
The Coalition for the International Criminal Court is the world’s largest partnership advancing the cause of international justice. With member organisations in 150 countries, the Coalition is leading the global fight to end Rome Statute crimes through a commitment to the core values of human rights and justice. The Coalition works to promote a fair, effective, independent and universal ICC and accountability and redress for the victims of such crimes through the Rome Statute system. The Coalition’s work is led by its International Secretariat team, with offices in New York and The Hague.
We made international justice happen; now we’re making it work. Follow our work via: www.coalitionfortheicc.org
Experts from human rights organisations members of the Coalition are available for background information and comments. For press inquiries, contact us via: communications@coalitionfortheicc.org.
