On 3 April 2025, the Office of the Prosecutor of the ICC applied for an arrest warrant against Mr El Hishri for crimes against humanity and war crimes. ICC Pre-Trial Chamber I (“the Chamber”) assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Hishri is individually responsible for having committed directly himself, ordered or overseen crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 to early 2020.

The warrant of arrest against Mr El Hishri was issued under seal by the Chamber on 10 July 2025 and reclassified as “Public” on 31 July 2025. On 1 December 2025, Mr El Hishri was surrendered to the International Criminal Court after being arrested on 16 July 2025 by the authorities of the Federal Republic of Germany pursuant to the warrant of arrest.

The initial appearance of Mr El Hishri took place on 3 December 2025 before Pre-Trial Chamber I. The hearing was held in the presence of the Office of the Prosecutor and the Defence. Mr El Hishri was represented during the hearing by Mr Yasser Mohamed Ahmed Hassan.

The confirmation of charges hearing took place from 19 to 21 May 2026. Over the course of three days, the judges heard oral submissions from the Prosecutor, the Common Legal Representatives of the Victims and the Defence.

Next steps: The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial. The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing.

The warrant of arrest for Saif Al-Islam Gaddafi was issued on 27 June 2011. He is not in the Court's custody. Case also involved charges Muammar Gaddafi and Abdullah Al-Senussi in warrant issued on 27 June 2011. Case against Abdullah Al-Senussi was declared inadmissible on 11 October 2013. Case against Muammar Gaddafi was terminated on 22 November 2011, following his death.

Next steps: The case remains in the Pre-Trial stage, pending Saif Al-Islam Gaddafi's transfer to the seat of the Court in The Hague.

The warrant of arrest was issued under seal on 18 April 2013 and unsealed on 24 April 2017. On 7 September 2022, Pre-trial Chamber I terminated proceedings against Al-Tuhamy Mohamed Khaled, following the Prosecution’s Notification of the Death of Al-Tuhamy and request to withdraw arrest warrant, dated 2 August 2022 and annexing a copy of a death certificate issued by the Libyan authorities and an official translation.