Crimes against humanity and war crimes in Libya finally before the ICC

El Hishri accused of crimes against Libyans and people on the move at Mitiga Prison

Libya – Crimes against humanity – Libya and the Mediterranean

In the first case arising from the 15-year investigation of the International Criminal Court (ICC) into Libya, the proceedings against Khaled Mohamed Ali El Hishri mark an important step closer to justice, truth and reparations for victims of the notorious Mitiga Prison complex in Tripoli. 

Together with Refugees in Libya, ECCHR provides legal support to victims participating in the El Hishri case, building on its long-standing efforts to advance accountability for crimes against people on the move in Libya and the Central Mediterranean through legal submissions to the ICC and support to survivors engaging with the Court.

Case

On 1 December 2025, German authorities surrendered Khaled Mohamed Ali El Hishri, also known as Al Booti or Sheikh Khaled, to the ICC in The Hague. He was arrested in Berlin on 16 July 2025 pursuant to an ICC warrant. 

El Hishri, a senior figure within the powerful Tripoli-based militia formerly known as SDF/RADA, which is affiliated with the Libyan Presidential Council, stands accused of committing crimes against humanity and war crimes during his time as an official in charge of Mitiga Prison in Tripoli, Libya, between 1 May 2014 and 30 June 2020. 

He is accused of committing, ordering and overseeing torture and cruel treatment, imprisonment, outrages upon personal dignity, rape and other forms of sexual violence, murder and attempted murder, enslavement, and persecution against Libyan detainees as well as migrants and refugees. The confirmation of charges hearing takes place at the ICC from 19 to 21 May 2026.

Context

After the overthrow of Muammar Gaddafi in 2011, Libya entered a period of political fragmentation and recurring armed conflict. In western Libya, SDF/RADA became one of the most influential armed actors in Tripoli. As a central part of their consolidation of power, SDF/RADA has maintained control over the Mitiga compound, which includes an airport, other strategic assets and a prison complex in which Libyans and migrants and refugees are arbitrarily detained and systematically abused. 

People on the move who end up in Mitiga Prison arrive through human trafficking or slave trade, through violent interceptions at sea and forced return to Libyan detention, or abduction by armed groups. For them, Mitiga Prison is one part of a broader migrant detention industry in Libya, in which people are systematically commodified and abused for labor, profit, and power within the country’s conflict economy. 

These are not a series of isolated abuses but a coordinated policy of containment. Libyan and European actors each contribute essential parts to a common plan: intercepting people at sea, returning them to Libya, and maintaining a cycle of violence and exploitation on land. European institutions and states provide vessels, training, and operational coordination — all in full knowledge of the consequences. 

El Hishri is not the only Mitiga-related suspect sought by the ICC. In January 2025, Italy arrested Osama Elmasry Njeem pursuant to an ICC arrest warrant, but returned him to Libya shortly afterwards, underscoring the ongoing challenges of securing state cooperation and accountability for international crimes in Libya

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Libya and the Mediterranean

For more than a decade, Libya has been synonymous with systematic crimes against people attempting to reach Europe from the North African coast. Responsibility for this lies not only with Libyan state and non-state forces, but also with high-ranking officials of the EU and its member states through their policies of isolation against migrants. Together with survivors and partner organizations, we are committed to ensuring that these crimes against international law are fully investigated and punished.

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