UK urges Libya to surrender ICC suspects at UN
Here’s what the UK told the UN - and how to read it. On 25 November 2025 in New York, Britain welcomed the International Criminal Court’s progress on Libya and asked for steady, practical cooperation so case files lead to arrests and trials. We’re going to break down the key facts, a plain‑English glossary, a short timeline and answers to common questions for use in class or seminars.
One live case shows why this matters. In July 2025, German authorities arrested Khaled Mohamed Ali El Hishri, alleged to have overseen abuses at Mitiga Prison in Tripoli. He remains in German custody while legal steps for transfer to The Hague continue. The UK said his anticipated surrender would be a significant step and could pave the way for the first ICC trial of a Libyan suspect. These points reflect reporting by the Associated Press and Euronews and the UK’s statement to the Council.
Libya’s position shifted this year. In May, the ICC confirmed it had received a formal declaration from Libya accepting the Court’s jurisdiction for alleged crimes on its territory from 2011 to the end of 2027, even though Libya is not an ICC member. This Article 12(3) step gives investigators and judges a clearer legal base to scrutinise both past and ongoing crimes. UN meeting records the same development.
So where is the Prosecutor focusing? Recent briefings and court updates highlight crimes in detention centres (including Mitiga), crimes tied to the 2019–2020 fighting and mass graves around Tarhuna, the original 2011 crackdown, and offences against migrants and refugees. Judges have already unsealed six warrants linked to Tarhuna, while the Prosecutor has described increased field missions and work with national courts under the principle of complementarity.
What this means, in simple terms: cooperation is improving, but justice still relies on states acting when suspects appear on their territory. The UK urged all governments to respect the Court’s independence and to meet their duties under Security Council Resolution 1970, which referred Libya to the ICC in 2011 - including arresting and surrendering fugitives.
Quick glossary you can share. International Criminal Court (ICC): the court that tries individuals for genocide, crimes against humanity, war crimes and aggression; it is different from the International Court of Justice, which hears disputes between states. Arrest warrant: a judge‑approved order to detain a named suspect; ICC warrants are executed by states. Surrender: the Rome Statute term for transfer of a suspect to the ICC (not the same as extradition between two countries). Article 12(3): a clause letting a non‑member state accept ICC jurisdiction for a specific period or situation - Libya used it to cover 2011–2027. Complementarity: the ICC acts when national courts are unwilling or unable to prosecute seriously.
Timeline in one read. In 2011 the UN Security Council referred Libya to the ICC. On 4 October 2024 judges unsealed six warrants tied to the Kaniyat militia and mass graves near Tarhuna. On 12 May 2025 Libya accepted ICC jurisdiction from 2011–2027. On 16 July 2025 German police arrested Khaled El Hishri on an ICC warrant. On 5 November 2025 Libyan authorities said they had arrested Osama Almasri Najim in Tripoli, another suspect linked to Mitiga. On 25 November 2025 the UK told the Council that sustained cooperation must continue.
Why this matters for people on the ground. The UN human rights office this year urged an independent probe into newly discovered mass graves in Tripoli‑area detention centres, underlining ongoing risks for detainees, migrants and refugees. ICC action backed by state cooperation is part of how evidence moves from allegations to courtrooms.
Q: Does Libya have to hand suspects over? A: The Council’s 2011 referral requires Libya to cooperate with the ICC. Libya’s 2025 declaration accepting jurisdiction through 2027 strengthens the legal basis for that cooperation. But in practice, arrests and transfers depend on political will and effective policing - which is why the UK called for all states to help.
Q: Who else is being sought? A: Judges have unsealed warrants for six suspects linked to the Kaniyat militia’s crimes in Tarhuna; prosecutors also target alleged crimes at Mitiga. The ICC has signalled that a son of Muammar Gaddafi remains wanted. Osama Almasri Najim - connected to Mitiga - was briefly detained in Italy in January, later repatriated, and has since been reported arrested in Tripoli.
Q: How soon could a trial start? A: The Prosecutor laid out a roadmap to complete investigations by late‑2025, later extended into early‑2026 in updated briefings and civil society monitoring. Even after transfer, pre‑trial steps and victim participation take time, which is why continued cooperation now is key.
For classrooms and study groups: use this moment to compare ‘surrender’ and ‘extradition’; contrast the ICC (individual criminal responsibility) with the ICJ (state‑to‑state disputes); and discuss how evidence from detention facilities is preserved and tested. This is a live example of international law working only when states choose to make it work.
Where this leaves us. The UK’s message to the UN was clear: respect the ICC’s independence, support arrests, and keep cooperating so victims see courtrooms, not just reports. As more warrants are executed, you should expect the story to shift from investigations to hearings in The Hague.