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Jurist ICC takes custody of Libya war crimes suspect

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Dadparvar

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Nov 11, 2016
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The International Criminal Court (ICC) confirmed on Monday that a Libyan war crimes suspect has been transferred from Germany to its custody in The Hague, Netherlands. The move represents a significant step in the pursuit of justice for atrocities committed in Libya.

The suspect, identified as Khaled Mohamed Ali El Hishri, faces charges of murder, torture, and rape, claimed to have occurred in Libya from February 2015 to the beginning of 2020, while he was in power as a chief at a Libyan prison. El Hishri is said to have had the position of a top officer at Mitiga Prison in Tripoli, which was under the control of the Al-Radaa (Special Deterrence Forces) militia, a powerful armed group that has operated in western Libya and was previously responsible for the control of detention sites there.

On 16 July 2025, he was detained at Berlin Brandenburg Airport by the German police who acted under a sealed arrest warrant from the ICC. He was kept in Germany until domestic procedures were completed according to the stipulations of Article 59 of the Rome Statute. The action of transferring him to the Court’s detention facilities in The Hague highlights the cooperation of Germany with the ICC and reflects the international community’s commitment to holding those who commit serious violations of international law accountable.

According to Allison West, Senior Legal Advisor at ECCHR, the arrest marked “a long-overdue breakthrough for survivors of the grave crimes committed in detention in Libya, at Mitiga and beyond.” She emphasized that the case shows “international justice can work when states cooperate” and further highlighted that Germany’s prompt move is a clear indication of the failure of collaboration in other recent cases.

ICC Registrar Osvaldo Zavala Giler thanked German authorities for their “strong and consistent cooperation” in facilitating the arrest and transfer. The ICC is expected to initiate the proceedings shortly, and the preliminary hearings will determine the extent of the allegations, evaluate the evidence, and decide the language in which El Hishri can participate in the process.

This case, albeit Libya being a non-state party to the Rome Statute, will be one of the major transfers of war crimes suspects to the Court since Libya, having made a formal acceptance of the ICC’s jurisdiction over crimes committed on its territory from 2011 to 2027, in May 2025.

The Libya situation marked only the second instance in which the United Nations Security Council referred a case to the ICC, and the second time that the ICC initiated an investigation in a territory not party to the Rome Statute – the first being Darfur, Sudan. In connection with the Libya investigation, nine more ICC arrest warrants are still pending.

The post ICC takes custody of Libya war crimes suspect appeared first on JURIST - News.

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