The International Criminal Court has ruled that it has jurisdiction to hear the case against Khaled Mohamed Ali El Hishri, a Libyan national accused of war crimes and crimes against humanity allegedly committed in Libya between 2014 and 2020.
In a decision issued on Tuesday, ICC Pre-Trial Chamber I found that the Court may exercise jurisdiction in the case of The Prosecutor v. Khaled Mohamed Ali El Hishri, who is alleged to have served as a senior official within the armed group known as the Special Deterrence Force.
El Hishri faces 17 charges of crimes against humanity and war crimes linked to alleged offences committed between 1 May 2014 and 30 June 2020.
The ruling follows a challenge submitted by El Hishri’s defence team on 30 April under Article 19 of the Rome Statute. The defence argued that the ICC lacked jurisdiction because Libya is not a State Party to the Rome Statute and because both the accused and the alleged crimes were exclusively linked to Libya.
However, the judges unanimously rejected that argument, concluding that the Court retains jurisdiction over the case.
The Chamber noted that the United Nations Security Council referred the situation in Libya to the ICC in February 2011 under Chapter VII of the United Nations Charter and pursuant to Article 13(b) of the Rome Statute. Under that provision, the Court may exercise jurisdiction when the Security Council refers situations involving alleged war crimes or crimes against humanity to the ICC Prosecutor.
According to the Chamber, the 2011 referral provides the legal basis for the Court’s authority in the case.
El Hishri first appeared before the ICC in December 2025 after being detained by German police in July of the previous year.
The charges relate to his alleged role at Mitiga prison near Tripoli. Prosecutors allege that El Hishri exercised authority over the detention facility and personally participated in acts of torture, mistreatment, sexual abuse and the killing of detainees.
The confirmation of charges hearing was held between 19 and 21 May. Judges are expected to decide within 60 days whether sufficient evidence exists to confirm the charges and transfer the case to a Trial Chamber for trial proceedings.