The International Criminal Court (ICC) has confirmed its jurisdiction in the case of The Prosecutor v. Khaled Mohamed Ali El Hishri, a high-profile matter concerning allegations of war crimes and crimes against humanity in Libya. The decision by Pre-Trial Chamber I is a significant step forward in this complex case, which involves 17 counts implicating El Hishri as a senior official in the armed group known as the Special Deterrence Force.
El Hishri’s defense team filed a challenge against the ICC’s jurisdiction, arguing under Article 19 of the Rome Statute that Libya, not being a State Party to the Statute, negates the Court’s authority. According to the defense, since the crimes were reportedly committed entirely on Libyan soil by a Libyan national, the court lacks jurisdiction over the matter. However, the Chamber unanimously determined that the Court does indeed have jurisdiction, referencing a 2011 United Nations Security Council referral. Under Chapter VII of the UN Charter, the Security Council referred the Libyan situation to the ICC, invoking Article 13(b) of the Rome Statute, which allows the Court to act when the Security Council refers a case where war crimes or crimes against humanity appear to be occurring.
This jurisdictional affirmation paves the way for the ICC to move forward, with El Hishri having first appeared before the court in December 2025, following his arrest by German authorities the previous July. The charges against El Hishri primarily pertain to his role at Mitiga prison near Tripoli, where he allegedly exercised control and engaged in acts of torture, mistreatment, sexual abuse, and killing of detainees.
The ICC held a confirmation of charges hearing from May 19 to 21, 2026, aimed at establishing whether sufficient evidence exists to substantiate the allegations against El Hishri. Should the charges be confirmed, the case will advance to a Trial Chamber for full proceedings. A decision from this hearing is expected within 60 days, marking a critical juncture in international efforts to address alleged war crimes committed during Libya’s tumultuous years between May 2014 and June 2020. Further details can be found on JURIST.