Former Libyan Militia Commander Accused of Torture to Appear Before International Criminal Court

A former Libyan militia commander accused of orchestrating killings, rapes, enslavement and torture in detention camps is set to appear before the International Criminal Court (ICC) on Tuesday, in a hearing activists say represents a turning point toward “justice, truth, reparation and deterrence” for abuses against refugees trying to reach Europe from Africa.

The prosecution of Khaled Mohamed Ali El Hishri on charges of war crimes and crimes against humanity is the first case to reach the trial chamber from the ICC’s investigation into crimes in Libya following the fall of Muammar Gaddafi in 2011.

Legal experts describe the hearing – where judges will decide whether there is enough evidence to proceed to trial – as a “major milestone.” Allison West, senior legal advisor at the European Center for Constitutional and Human Rights, said: “This is the first case in the ICC’s Libya investigation, which has been going on for over 15 years. For the first time we have someone in custody.”

For survivors of abuse in Libya, the trial is a moment victims “never thought would happen,” said David Yambio, who was held at Mitiga prison from 2019-2020 and alleges Hishri beat him. “Now Hishri is facing the court, the message to perpetrators of crimes anywhere is that they will be brought to trial and justice will be served, no matter how long it takes,” Yambio said.

Hishri was arrested in Germany last year, reportedly while taking a family member for medical treatment. A senior officer in the Special Deterrence Force – a powerful armed group that ran detention camps in western Libya – the 47-year-old is accused of establishing a brutal regime at Mitiga prison in Tripoli from February 2014 until at least mid-2020.

These detention centers became notorious after Gaddafi’s fall, when they filled with migrants detained by Libya or intercepted by the Libyan coast guard – backed by the EU and its member states since 2017 – en route to Europe. Amnesty International and other human rights groups described “horrific violations” as “a shameful consequence of Europe’s cooperation with Libya on migration and border control.” Human Rights Watch (HRW) said thousands were held at Mitiga in overcrowded, unsanitary cells and routinely subjected to violent attacks.

At a December hearing, prosecutors said there were reasonable grounds to believe Hishri personally killed one detainee, while a “significant number” died during his tenure at the prison, from torture, exposure to winter weather, untreated wounds or starvation. Hishri is also accused of “personally torturing, mistreating, sexually abusing and killing detainees” and imposing “prison conditions intended to increase suffering.” Allegations include detainees being shot, locked in small metal boxes, and beaten with cables “sometimes for the amusement of guards.”

Defense lawyers are expected to challenge the ICC’s jurisdiction and seek Hishri’s release. West said the case against Hishri would shed light on serious crimes against people in Libyan detention camps, but many alleged perpetrators remain free, with eight ICC arrest warrants still unexecuted related to post-Gaddafi violence. “One of the most important things about this case, besides the fact that Hishri actually has been brought to court, is that there are many people who have not,” West said.

Germany’s arrest of Hishri was crucial. Alice Autin, HRW researcher, said: “A state finally cooperated, actually arrested and handed over a suspect to the court, because many times before that had not happened.” An alleged co-perpetrator of Hishri’s at Mitiga was arrested in Italy last February but later released on a technicality and returned to Libya, sparking controversy in Italy and disappointment in The Hague. “This case does not target the highest person in the prison, but it is a first step toward going after the perpetrators of that system,” Autin said.

Libya remains divided between the administration of military commander Khalifa Haftar in the east and the Tripoli-based Government of National Accord (GNA) led by Prime Minister Abdul Hamid Dbeibah in the west. The Hishri case is politically sensitive because the Special Deterrence Force is allied with the internationally recognized GNA and is nominally part of the Interior Ministry.

The ICC – established as an independent “court of last resort” for serious crimes where local authorities cannot act – has faced intense pressure in recent years. The US imposed sanctions on four judges over “illegitimate” actions targeting America and Israel, while the court’s chief prosecutor was investigated over alleged sexual misconduct (he denies it). Yambio called for an end to European programs supporting Libyan militias: “The EU is complicit in these crimes.”