In a new piece, Libya Crimes Watch (LCW) and the Coalition for the ICC (CICC) assess how in 2025 the Situation in Libya has become a litmus test for what cooperation with the International Criminal Court means in practice.

In 2025, the path of accountability in Libya was shaped by two opposing events, both tied to Mitiga Prison, operated by the Deterrence Agency for Countering Terrorism and Organised Crime (“Al-Radaa”) under the Libyan Presidential Council:

  • In the first instance, Italian authorities swiftly released Osama Elmasry Njeem after briefly detaining him under an ICC warrant in January 2025.
  • In the other, German authorities arrested Khaled Mohamed Ali El-Hishri (Al-Buti) on 16 July 2025 and surrendered the suspect to the custody of the ICC on 1 December 2025.

From the perspective of Ali Omar, Director of Libya Crimes Watch (LCW), “this contrast underscores that cooperation with the ICC in the Libya file remains subject to shifting political and security considerations and that the absence of a unified and firm stance by member states regarding the execution of arrest warrants undermines victims’ trust and leaves the door open to impunity.”

For victims, the concept of cooperation is not abstract. It determines whether they see tangible steps towards justice, further delays, or eventual abandonment:

“When I read on social media about the arrest of Khaled Mohamed Ali El-Hishri, I felt both joy and fear. This man brutally tortured us for years in Mitiga prison, and now he is finally before justice,” stressed M.A., one of the victims of Njeem and El-Hishri, whose testimony was documented by LCW. “We want to make our voices heard: we are seeking justice through the International Criminal Court, after losing hope in the Attorney General and the Libyan courts controlled by militias.”

“Accountability in Libya must not be a distant hope; states must fulfil their obligations to cooperate with the ICC, without reservations, to end the cycle of impunity. For without effective and prompt cooperation, the investigation will continue to stall, courtrooms will remain empty, and notably, victims will lose out. Nearly 15 years after the Security Council referral, victims in Libya deserve justice,” stated Yasmina Gourchane, the Coalition for the ICC’s former New York Representative.

Our key message to States Parties is simple:

  • Enforce ICC arrest warrants without delay.
  • Impose real and personal consequences for non-cooperation.
  • Place victims and their rights at the centre of every step of the process.