Some Measure of Justice Under Way in Libya as International Criminal Court’s First Trial of Major War Criminal Suspect Begins, Deputy Prosecutor Tells Security Council
Briefing the Security Council on the International Criminal Court’s work in Libya, its Deputy Prosecutor today said recent judicial proceedings, including the confirmation hearing of Khaled Mohamed Ali El Hishri, have brought victims “some measure of justice, of healing”, while urging stronger cooperation to secure arrests and advance accountability for war crimes, crimes against humanity and abuses against migrants.
“We know from those women who have given their voice to this case, and from so many Libyans in The Hague with us this week, that simply to hear these accounts being put to Mr. El Hishri in a court of law has brought some measure of justice,” Nazhat Shameem Khan told the 15-member Council via video-link.
At her briefing to the Council in November 2025, Ms. Khan said Mr. El Hishri’s arrest by German authorities, which paved the way for the first trial on the situation in Libya, marked a major step forward in long-delayed efforts to bring about accountability for crimes committed in the North African nation.
Victims Recount Gruesome Abuse during Hearing
Recalling that she had addressed the Pre-Trial Chamber earlier this week at the opening of Mr. El Hishri’s hearing, Ms. Khan reminded the Council today that he stands accused of 17 counts of war crimes and crimes against humanity, principally in Mitiga Prison, including in the women’s section. This week, victims’ accounts described “being suspended from the ceiling, dragged by their hair”, raped and beaten until they bled.
Expressing regret that she was unable to join the Council in person to present her report “due to the non-issuance of a US visa required for my travel”, she told the Council that the Court’s Libya Unified Team “is on the ground in many locations, collecting a wide range of information and evidence”, under the legal framework provided by Council resolution 1970 (2011).
However, she called for better communication and a stronger response regarding the arrest of suspects who remain in Libya, while highlighting the related proceedings in national courts, including the sentencing of Tewelde Goitom for human smuggling and extortion of migrants and refugees, and the extradition of Kidane Zekarias Habtemariam to the Netherlands.
“By cooperating more effectively, by partnering with Libyan authorities, by meeting the desires of the Libyan people for justice, and by showing clearly to those inflicting suffering in Libya that they will see consequences for their actions,” she said.
Delegates Hail Landmark Moment, Progress towards Accountability
In the ensuing discussion, several speakers welcomed recent progress in the Court’s Libya work, pointing to investigations, victim testimony, arrest warrants and the confirmation hearing as signs that accountability efforts are advancing.
“The confirmation of charges hearing that took place this week was a landmark moment for victims and survivors in Libya,” said Latvia’s speaker, adding that “no one is above the law, not even the most powerful”. France’s delegate said the Court’s investigative work “sends a strong message to victims” and will undoubtedly lead to further arrests and convictions. He called on the Libyan authorities to cooperate with the Court and underscored the need to work closely with civil society.
The representative of the Democratic Republic of the Congo welcomed the progress in cases involving violence in detention centres and abuses committed against migrants as “an encouraging development, which could help achieve justice for all victims despite signs of fragmentation”. Panama’s speaker, echoing several Council members’ sentiments, expressed regret that “once again, the Deputy Prosecutor — for reasons beyond her control — was not able to be here with us to brief this Council”.
Pursue Accountability in Partnership with Libyan Institutions
Denmark’s delegate urged Libya’s Attorney General to increase his cooperation with the Court, including the surrender of all suspects with outstanding arrest warrants. Greece’s representative similarly urged Libya to bolster cooperation and proceed with the execution of those warrants, while noting the use of new technologies to trace crimes and support investigations.
Other delegates stressed that accountability must be pursued in partnership with Libya’s national institutions, with the International Criminal Court complementing, rather than replacing, domestic judicial efforts.
Bahrain’s representative emphasized the Court’s independence, as well as the primary role that must be played by national judicial authorities. The authority of Libya must be respected, he said, adding: “All States must respect and abide by international law”. Somalia’s representative stressed that “while justice and accountability are central to peace and stability, transitional justice remains vital to achieving national reconciliation and lasting peace in Libya”. National ownership must therefore be prioritized, he said, including through Libya’s own justice system.
Rule of Law, Credible Institutions Key to Lasting Stability in Libya
Other Council speakers connected accountability to Libya’s wider political and institutional crisis, stressing that lasting stability depends on the rule of law, credible institutions and an end to impunity.
The speaker for the United States reiterated his country’s “unequivocal opposition” to the Court’s efforts to assert jurisdiction over the United States or any ally that has not consented to it. “The core US objections to the ICC have been the same for nearly three decades to date,” he said, adding that Washington, D.C., will “continue to take action as needed to safeguard US interests”. Turning to Libya, he expressed concern over the weak rule of law and abuses in detention facilities in the country, stressing that “lasting political stability in Libya requires a genuine commitment to the rule of law, including holding accountable perpetrators of serious human rights abuses”. He also urged Libya to protect judicial independence and ensure that former senior Qadhafi-officials face justice.
Liberia’s representative stressed that accountability in Libya is not only “a narrow judicial matter”, but also an economic and political question. As long as armed factions retain control, impunity will persist and justice will remain obstructed by entrenched interests, he said, stressing that “personal or factional economic gains cannot take precedence” over Libya’s stability. Pakistan’s speaker said a Libyan-led political process remains the only path to lasting peace, adding that credible accountability must be rooted in the “uniform application of international law and adherence to principles of fairness and impartiality”.
Speakers Warn against Court’s Politicization, External Interference in Libya
Other speakers focused on the Court’s independence and impartiality, with some warning against politicization, sanctions or external interference in Libya’s fragile situation.
The Russian Federation’s representative said the Court “helped legitimize the destruction of Libyan statehood”, following Organization (NATO)’s intervention, advancing false accusations that were “never proven” and issuing arrest warrants against Libya’s leaders, “all of whom ended up dead”. Calling the Court a “lynch mob”, she said the crimes committed by North Atlantic Treaty Organization (NATO) countries — including those against migrants — seemingly hold no interest for the Court. “Western countries see this pseudo-court as a political instrument,” she stressed.
Colombia’s speaker called on Libya to continue to provide the Prosecutor’s Office with all required evidence and to protect victims, whose interests must remain at the heart of all its work. The Office must continue to carry out its work independently and free of any foreign interference, she said, rejecting sanctions against the Court, its judges or officials. The representative of China, Council President for May, in his national capacity, said the Court should always carry out its work in an “objective and impartial manner” and in strict accordance with the principles of international law, while urging States outside the region to avoid interference that could “inflict fresh shocks upon Libya’s peace and stability”.
Libya Urges More Cooperation with Court to Complement National Jurisdiction
Libya’s representative reaffirmed that expanded cooperation with the Court until the end of 2027 strengthens the jurisdiction based on the principle of complementarity, not substitution. The Libyan national judiciary retains primary jurisdiction, he said, while the Court’s role remains one of cooperation and evidence sharing when national proceedings are not possible or when wanted persons cannot be prosecuted domestically. “Any unlawful acts or practices committed by some State employees are individual actions that do not represent State policy,” he stressed.
He commended the Office of the Deputy Prosecutor’s efforts on the mass graves in Tarhuna, including investigations into hundreds of cases and the issuance of arrest and summons warrants. “We call on the Court to press for the arrest of suspects outside the country, particularly in States parties to the Rome Statute,” he continued. Highlighting Libya’s efforts to combat human trafficking and migrant smuggling, he stressed: “We reject impunity, and support building State institutions and the rule of law.” He also spotlighted the growing activity of transnational organized-crime networks and human trafficking and said “the Libyan people are aspiring to achieve justice and build a State of institutions where rule of law prevails”.