On 1 December 2025, German authorities surrendered Khaled Mohamed Ali El Hishri, also known as “Al-Booti,” to the International Criminal Court (ICC). His transfer marks the first time a wanted suspect has been brought before the Court since the investigation in the Libya Situation was opened in 2011. This is an important step toward justice for victims of grave crimes committed across Libya.
“In times of attacks against the ICC, Germany’s cooperation with the Court and its first-time surrender of a suspect sets an important precedent. In contrast, Italy’s failure to surrender Osama Elmasry Njeem, now formally confirmed as a breach of its cooperation obligations, undermined accountability and reinforced impunity,” says Andreas Schüller, co-director of the International Crimes and Accountability program at ECCHR.
As proceedings begin in The Hague, it is now crucial that the charges reflect the full range of crimes allegedly committed by El Hishri and all victim groups affected. No real accountability will be achieved without victims’ meaningful and safe participation in the proceedings.
“We have been fighting for years to make sure migrant and refugee victims are not treated as invisible. This case must be different. Every survivor, no matter where they are or which passport they have, must be able to participate safely and with real legal support,” says David Yambio, co-founder of Refugees in Libya.
El Hishri was arrested in Berlin on 16 July 2025 pursuant to an ICC warrant. He is a senior member of the Special Deterrence Force for Combatting Terrorism and Organized Crime (“Al-Radaa”), under the Libyan Presidential Council. This powerful armed group operates detention sites in western Libya, including Mitiga Prison, where El Hishri is alleged to have been a senior official. According to the ICC warrant of arrest, he is suspected of committing or overseeing crimes against humanity and war crimes between 2015 and at least early 2020. These crimes include murder, torture, cruel treatment, rape and other forms of sexual violence, persecution, and outrages upon personal dignity.
With El Hishri now in ICC custody, the proceedings enter a decisive phase. After his initial appearance, the Office of the Prosecutor will submit the document containing the charges, which will determine which crimes and which groups of victims the case will cover. The charging stage is crucial because the arrest warrant issued on 10 July 2025 reflects a narrow understanding of the contextual elements of both crimes against humanity and war crimes. It is therefore essential that, in the next procedural step, the Prosecutor expands the charges to capture the full range of crimes alleged and all victim groups affected. In order to not repeat the longstanding accountability gap regarding crimes committed against migrants and refugees, this important first case in the Libya investigation must include migrant and refugee victims. It should also shed light on the broader detention industry in which the alleged crimes occurred, including the EU’s relationship with Libyan authorities in the context of European migration policies.
