ICC Pre-Trial Chamber I confirms all charges against Khaled Mohamed Ali El Hishri and commits him to trial

Today, 16 July 2026, Pre-Trial Chamber I of the International Criminal Court (ICC) unanimously confirmed all charges of crimes against humanity and war crimes brought by the Prosecutor against Khaled Mohamed Ali El Hishri and committed him to trial before a Trial Chamber. 

Pre-Trial Chamber I concluded that there are substantial grounds to believe that Mr El Hishri is responsible for 17 counts of crimes against humanity and war crimes, specifically: Torture, cruel treatment, imprisonment, outrages upon personal dignity and other inhumane acts (counts 1-6); Rape, attempted rape and other forms of sexual violence (counts 7-10); Murder and attempted murder (counts 11-12); Enslavement (count 13); and Persecution (counts 14-17).

The crimes were allegedly committed against thousands of individuals who were detained for prolonged periods in Mitiga Prison and/or within the Mitiga Compound during the Charged Period, in Tripoli, Libya, between 1 May 2014 and 30 June 2020, when the Special Deterrence Force or RADA (‘SDF/RADA’) operated the Mitiga Prison. 

Mr El Hishri is charged as a direct, indirect and/or co-perpetrator for crimes alleged to have been committed alongside, and together with, other members of the SDF/RADA. 

Pre-Trial Chamber I based its decision on the evidence and arguments presented by the Prosecutor and the Defence during the confirmation of charges hearing from 19-21 May 2026, as well as on the submissions and documents of the parties and participants, including participating victims. The Chamber also acknowledged the importance of the contributions made by the 63 individuals who provided witness statements, 47 of whom were former detainees.

Judge Motoc appended a Separate concurring opinion to the decision.  

Next steps: Upon the transfer of the case to a Trial Chamber, the Trial Chamber will decide on the next steps. Trials at the ICC are fair and impartial, and the Defence will have sufficient time to prepare its case, while respecting the rights of victims. 

The Defence and the Prosecution are not automatically entitled to appeal this decision but they can request authorisation from the Pre-Trial Chamber to do so. 

Decision on confirmation of the charges against Mr Khaled Mohamed Ali El Hishri

Concurring separate opinion of Judge Iulia Antoanella Motoc

Questions and Answers on the confirmation of charges in the El Hishri case: English; Arabic

Background: Khaled Mohamed Ali El Hishri, also known as Khaled ‘Al Booti’ or ‘Sheikh Khaled’ (Al Hishri), is a national of Libya, born on 23 June 1978 in Tripoli, Libya. Mr Khaled Mohamed Ali El Hishri is alleged to have been one of the most senior Mitiga Prison officials, where thousands of persons were detained for prolonged periods. A senior official of the Special Deterrence Forces, known as SDF/RADA,  he was also in charge of the area of Mitiga Prison where women and young children were detained. He is accused of being both a direct perpetrator of crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from 1 May 2014 and 30 June 2020, and of having made an essential contribution to the organisation’s common plan that resulted in the charged crimes.

The warrant of arrest against Mr El Hishri was issued under seal by Pre-Trial Chamber I on 10 July 2025 and reclassified as “Public” on 31 July 2025. On 1 December 2025, Mr El Hishri was surrendered to the ICC after being arrested on 16 July 2025 by the authorities of the Federal Republic of Germany pursuant to the warrant of arrest. His initial appearance took place on 3 December 2025. The confirmation of charges hearing took place from 19-21 May 2026 before Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera. Statements and submissions were presented by the Prosecutor, the Defence and the Common Legal Representatives of the Victims. 

For further information on the case, click here. 

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