Arrest of Khaled el Hishri Signals Brighter Future for Justice in Libya, Delegates Stress, as International Criminal Court Official Briefs Security Council
Meetings Coverage
Security Council
10052nd Meeting (AM)
SC/12632
25 November 2025
The recent arrest by German authorities of the alleged Libyan war criminal Khaled el Hishri — and his expected imminent handover to the International Criminal Court — mark a major step forward in long-delayed efforts to bring accountability for crimes committed in the North African nation, the Security Council stressed today, following a briefing by the Court's Deputy Prosecutor.
"There is a new momentum towards justice in Libya," said Nazhat Shameem Khan, Deputy-Prosecutor of the International Criminal Court, as she briefed the 15-member Council. Following the landmark detention of Mr. el Hishri — alleged to have committed war crimes and crimes against humanity at Libya's notorious Mitiga Prison, such as murder, torture and rape — she said the Court's first trial on the situation in Libya is now on the horizon. Mr. el Hishri is expected to be transferred to the Court imminently.
"For too long, crimes committed in detention facilities in [...] Libya have represented a no-go area for accountability," she said, adding that this sense of impunity acted as a driver of "even more cruelty". The case of Mr. el Hishri sends a clear message: "Those responsible for inflicting suffering in Libya are mistaken if they believe they are still outside the reach of justice." Emphasizing that work continues to bring additional fugitives to justice — including Osama Elmasry Njeem and Saif Suleiman Sneidel, both alleged to have committed war crimes — she welcomed Libya's recent decision to accept the Court's jurisdiction under Article 12(3) of the Rome Statute.
"Based on our common work [...] there is now a brighter future for justice in Libya," she said. However, that the fragile progress was achieved despite "unprecedented headwinds" facing the Court, including coercive measures and acts of intimidation against its officials. "[These] do not serve anyone other than those who wish to benefit from impunity," she stressed, adding: "It is the victims of murder, sexual violence, torture and the other most serious crimes addressed by our Court that stand to lose the most from these coercive actions."
Council Members Praise Progress, Warn against Jurisdiction Overreach
Throughout the ensuing debate, many Council members praised the Court's accelerating progress in Libya as a "milestone" whose momentum must be maintained. Others raised concerns that it may be overstepping the bounds of its jurisdiction in the country or imposing external visions of justice, counter to the core principle of complementarity. Still other speakers rejected the Court's mandate whole cloth, explaining their longstanding opposition to its work and citing Libya as a prime example of its failings.
"[Mr. el Hishri's arrest] sends an important message to the victims and survivors that they are not forgotten," said Denmark's representative, echoed by many speakers throughout the debate. Thanking Germany for "leading by example" in his arrest and expected surrender, she praised the Libyan Government for expanding its cooperation with the Court, stressing: "This is a clear testament to the Government's commitment to end impunity in Libya and provides a renewed basis for cooperation."
Greece's delegate — echoed by the representatives of Panama, France and others — praised the expected imminent surrender of Khaled Mohamed Ali el Hishri as a "landmark development". Noting that more work remains to be done, he cited the Court's report in spotlighting the need for more extensive engagement on the execution of arrest warrants against suspects involved in 2011 violence and the crimes in detention facilities. Victims, witnesses and affected communities must also be meaningfully empowered.
The representative of Slovenia, echoing other speakers in welcoming progress achieved, urged all States to fully cooperate with the Court, "as is their legal obligation under the binding resolution 1970 (2011) and under the Rome Statute". Recalling that the Court is part of the legacy of the Nuremberg Tribunal, which marked its eightieth anniversary just days ago, he declared: "We have established the Court for exactly such times, difficult, darkest, most challenging times — for the victims."
Calls for Greater Cooperation, Libyan-Led Solutions
Several delegates, while welcoming recent strides made by the Court in Libya, noted that many arrest warrants remain outstanding and progress more broadly has been long delayed. "We urge the Libyan authorities to urgently address persistent non-cooperation regarding certain fugitives, which remains a serious concern," said the representative of the Republic of Korea. Nevertheless, Germany's support in executing the arrest warrant against Mr. el Hishri "demonstrates the essential value of international partnerships rooted in the Rome Statute and the obligations established by [the] Security Council".
Many speakers also emphasized the need for national ownership in all of Libya's judicial affairs. Algeria's delegate affirmed that the mandate of the Court must be exercised within the framework of the principle of complementarity with national judicial authorities, "and not on the basis of excluding or replacing them". Efforts must focus on strengthening cooperation and coordination between Libya — which holds primary jurisdiction — and the Court, ensuring that investigations conducted are fair and transparent, he said.
The representative of Pakistanechoed those sentiments, adding that the Court's legitimacy will be strengthened when its actions are guided strictly by impartiality and objective criteria. While Pakistan is not a party to the Rome Statute, it remains committed to "credible and across-the-board accountability for international crimes", he said.
Somalia's representative emphasized that approaches to justice will be most effective when rooted in Libyans' own efforts and aspirations, while renewed international cooperation establishes genuine partnerships essential for delivering results. "The Council should remain vigilant about the role of external factors," he cautioned, ensuring that Libyan-led, Libyan-owned solutions guide the path forward.
...as Some Critique Court's Approach, 'Unchecked' Power
"Libya does not need new experiments from external players," agreed the representative of the Russian Federation. Citing a "steady downward trend" in public confidence in the Court owing to its consistent double standards, she said the horrors committed in Libya were a direct result of the 2011 North Atlantic Treaty Organization (NATO) intervention. "The [Court] has been diligently sweeping under the carpet the deeds of its Western masters," she said, while stressing that non-Parties to the Rome Statute have no legal duty to cooperate with the Court, contrary to what some delegates claimed today.
China's delegate also urged the Court to "strictly act in accordance with the law and its mandate" — adhering to the principle of complementarity under the Rome Statute, upholding independence, objectivity and impartiality and avoiding politicization and double standards. He urged it to fully respect Libya's judicial sovereignty and jurisdiction, while emphasizing that the United Nations Support Mission in Libya (UNSMIL) can play a more active role in supporting Libyan-led and Libyan-owned political and judicial processes.
Also addressing matters of sovereignty and national ownership was the representative of the United States, who voiced "grave concern" over Court's attempts to assert jurisdiction over his own country and its allies. Noting his country's long-standing objection to the Rome Statute, he said its officials wield "enormous power that has proven to be unchecked"- as any safeguards provided in the Rome Statute have failed or been ignored. "The United States will no longer stand by and let this happen, as our long-standing concerns have been realized," he stressed.
In that regard, several delegations, including the representatives of Guyana, United Kingdom and Sierra Leone, rejected threats and "intimidation" against the Court and its officials — including sanctions — which may hinder its ability to effectively carry out its work. The latter, who also serves as Council President for November, said in her national capacity that such coercive measures harm the International Criminal Court and its investigations. She went on to stress that the principle of complementarity between the Court and national judicial bodies must guide the next phase of work in Libya.
Tired of Impunity: Tripoli Asserts Its Authority
Libya's representative also addressed the Council, describing the principle of complementarity — not "replacement" of national judicial authorities — as the foundation of the Court's work in his country. The National Prosecutor's Office has investigated 614 cases of the worst crimes, issuing 255 judicial orders with 52 people jailed and 111 arrest warrants for alleged perpetrators of killings, kidnapping and torture. National bodies have also investigated more than 1,200 cases of alleged terrorism, migrant smuggling and human trafficking. "Citizens have grown tired of impunity," he stressed, calling on the International Criminal Court to work alongside Libyan authorities and "not allow itself to be dragged [into] attempts to politicize its work".
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