ICC Confirms Jurisdiction in El Hishri Case, Clears Way for Prosecution Over Alleged Libya War Crimes
In a significant ruling for international criminal justice, Pre-Trial Chamber I of the International Criminal Court (ICC) has confirmed that the Court has jurisdiction in the case of The Prosecutor v. Khaled Mohamed Ali El Hishri, rejecting the defence’s challenge to the ICC’s authority. The decision enables the proceedings against the Libyan suspect to continue, marking another important step in the Court’s long-running investigation into atrocities committed during Libya’s armed conflict.
The defence had challenged the ICC’s jurisdiction under Article 19 of the Rome Statute, arguing that the Court lacked legal authority to prosecute El Hishri. After receiving submissions from the defence, the prosecution, the State of Libya and the Office of Public Counsel for Victims, the three-judge Bench unanimously held that the Court is competent to hear the case.
A majority of the Chamber concluded that the alleged crimes attributed to El Hishri continue to fall within the scope of United Nations Security Council Resolution 1970, adopted in 2011 under Chapter VII of the UN Charter. That resolution referred the situation in Libya to the ICC, empowering the Court to investigate and prosecute individuals responsible for war crimes and crimes against humanity committed during the conflict, despite Libya not being a State Party to the Rome Statute.
Khaled Mohamed Ali El Hishri, a former senior official associated with the Mitiga Prison in Tripoli and the Special Deterrence Force (Rada), faces multiple counts of war crimes and crimes against humanity. Prosecutors allege that between 2015 and 2020 he was responsible for unlawful imprisonment, torture, murder, rape, persecution, enslavement and other grave abuses against detainees, including migrants, refugees and asylum seekers held in the prison. El Hishri has denied all allegations.
The jurisdiction ruling is particularly significant because it reaffirms the ICC’s authority to prosecute crimes arising from the UN Security Council’s referral of the Libyan situation. The Chamber rejected the defence’s contention that subsequent developments had limited the Court’s mandate, holding that the referral continues to provide a valid legal basis for ICC proceedings in relation to the alleged offences.
Human rights organisations have welcomed the decision, describing it as an important milestone for accountability in Libya. The El Hishri case is the first ICC prosecution involving a Libyan suspect to reach this advanced stage, and it is widely viewed as a test of the Court’s ability to deliver justice for victims of abuses committed in Libyan detention centres during years of conflict and instability.
With the jurisdiction challenge now dismissed, the case will proceed before the ICC in accordance with the Rome Statute. The ruling clears a major procedural hurdle and keeps alive the prospect of a full trial on allegations of some of the gravest crimes under international law, reinforcing the ICC’s role in addressing impunity where national accountability mechanisms remain inadequate.
