The Deputy Prosecutor of the International Criminal Court (ICC), Nazhat Shameem, has asked the Libyan authorities to substantially strengthen their judicial cooperation with the Hague court, in the context of the proceedings opened against Khaled el-Hishri, a militiaman accused of crimes against humanity and war crimes for his actions as a jailer at the Mitiga prison.
"The level of cooperation from the Libyan authorities is not uniform. While important steps have been taken in some areas, in others there is stagnation, and even regression. I hope, in particular, that the momentum perceived this week in The Hague will serve as a catalyst for greater cooperation and collaboration," she said in a remote appearance before the United Nations Security Council.
At the same time, she acknowledged the involvement of the highest authorities of the North African country and conveyed her gratitude to the President of the Presidential Council, Mohamed al-Menfi, and the Prime Minister, Abdul Hamid Dbeibé, "for the solid cooperation and support provided from their offices." Shameem also highlighted the "important work" carried out by Libya's ambassador to the Netherlands, Zeiad Daghim.
The Deputy Prosecutor stressed that "it is fundamental, in particular, that we receive better communication and a more forceful response regarding the detention of suspects who, according to our office, currently remain in Libya. Failure to do so represents a clear violation of the mandate granted by this Council." In her opinion, closer work between the ICC and the Libyan Executive will allow "to reduce the margin for committing atrocities, hold perpetrators accountable, and thus strengthen the foundations for stability and peace in Libya."
She added that "together with our strong collaboration with civil society, this represents a new coalition for accountability in Libya, within the legal framework established by resolution 1970 (2011)," a message she emphasized to the members of the Security Council.
The proceedings against the Mitiga jailer
In relation to the case affecting El-Hishri, Shameem explained that the accused has had to listen for three days to "the voices of many Libyans directly affected by his alleged crimes" and who took for granted that "those days before the ICC would never come."
The court representative described the victims' testimony as harrowing: "Voices that spoke of deep suffering: of being shot and whipped, of being suspended from the ceiling, dragged by their hair, raped and beaten until they bled, of children witnessing the violence inflicted on their mothers, and of those same children being beaten, tortured, shot, and raped."
According to Shameem, the Mitiga jail—where black migrants were "enslaved, held in dehumanizing conditions, and subjected to extreme physical, psychological, sexual, and reproductive violence, including torture"—functioned as a "system designed to inflict extreme pain, deep humiliation, and ultimately destroy the lives of detainees."
The deputy prosecutor has issued a direct warning to all those involved in these abuses: "To those responsible for alleged crimes against the Rome Statute in Libya, to those who perpetrated them, to those who facilitated and ordered them, we have a simple message: know that our office remains committed to accountability for your actions."
El Hishri was part of the militias known as the Deterrence Force (Rada), aligned with the unity government established in Tripoli, and became one of the senior officials at the Mitiga prison, where women and minors were held.
He is charged with 17 counts of crimes against humanity and war crimes, allegedly committed between May 1, 2014, and June 30, 2020. He was arrested on July 16, 2025, by German authorities, in compliance with a sealed arrest warrant issued by the ICC.
Progress in cases of crimes against migrants
On another note, Shameem has welcomed the progress of the investigation into crimes committed against migrants from the Horn of Africa on Libyan territory, which is moving forward at a "positive pace" thanks to "excellent cooperation with various national authorities," as well as joint work with Europol.
He recalled that "on January 27 of this year, Tewelde Goitom, an Eritrean citizen, was sentenced in a Dutch district court to 20 years in prison for human trafficking and extortion of migrants and refugees in Libya. A second defendant, Kidane Zakarias Habtemariam, accused of similar offenses, has recently been extradited from the United Arab Emirates to the Netherlands to stand trial."
In this context, he has valued that the norms of International Law "come to life" in Dutch courts for Libyan victims. "We remain firmly committed to further expanding the support we provide to national authorities in all situations addressed by the ICC," he concluded.