Human Rights Watch said on Friday that the International Criminal Court’s decision to confirm charges against Libyan national Khaled Mohamed Ali El Hishri represented a significant milestone in efforts to achieve justice in Libya after years of investigations into alleged abuses committed during the country’s conflict.
On 16 July 2026, a three-judge Pre-Trial Chamber unanimously confirmed 17 charges of war crimes and crimes against humanity against El Hishri. The charges include torture, rape, sexual violence, murder, enslavement and persecution allegedly committed against detainees held at Mitiga prison in Tripoli from 2015 onwards.
The judges found substantial grounds to believe that El Hishri may bear responsibility for the alleged crimes and ordered that the case proceed to trial. A separate judicial chamber will determine the date for the opening of the proceedings.
Alice Autin, International Justice Researcher at Human Rights Watch, said the referral of the first Libya case to trial before the ICC opened the door to long-awaited justice for victims of arbitrary detention in Libya.
She added that Libyan authorities should support the court’s work and surrender other suspects believed to be inside Libya, describing such cooperation as essential to ending the culture of impunity that continues to fuel violations across the country.
The confirmation decision followed hearings held between 19 and 21 May, during which judges heard arguments from prosecutors, defence lawyers and legal representatives of victims to determine whether sufficient evidence existed to move the case to trial.
Prosecutors presented evidence linked to alleged crimes committed against more than 900 detainees held at Mitiga prison during the period in which El Hishri allegedly exercised authority over the facility.
The prosecution said additional evidence and victims could still be introduced during the trial phase, while the decision confirming the charges remains subject to appeal with judicial approval.
Before the confirmation hearing, El Hishri challenged the court’s jurisdiction, arguing that Libya’s declaration accepting ICC jurisdiction between 2011 and 2027 was invalid and that the United Nations Security Council referral did not cover his case.
Judges rejected the challenge on 15 July and reaffirmed the court’s authority to hear the case.
German authorities arrested El Hishri in July 2025 before transferring him to the ICC in December of the same year following the completion of domestic legal procedures. He remains in custody in The Hague pending trial.
The ICC has issued public arrest warrants for 14 individuals linked to Libya investigations. Four have died, while eight others remain fugitives, some of whom are believed to still be inside Libya.
Human Rights Watch stressed that the ICC intervenes only when national authorities are unwilling or unable to conduct genuine investigations and prosecutions into serious international crimes, warning that declarations of intent alone are not sufficient to meet legal obligations towards the court.