The United States has launched a "sweeping campaign" to dismantle what it describes as the threat posed by the International Criminal Court (ICC) to U.S. sovereignty, announced by Secretary of State Marco Rubio on Monday. This move comes as ICC judges ordered a suspect from Libya to stand trial on charges of murder, rape, and torture.
Judges at the Hague confirmed 17 charges against Khaled Mohamed Ali El Hishri, a former senior commander at Libya's notorious Mitiga prison. Prosecutors allege that between 2014 and 2020, El Hishri was responsible for severe abuses against detainees, including sexual violence in the women's section. His alleged brutality earned him the nickname "Angel of Death." Judges stated there are "substantial grounds to believe" El Hishri is responsible for the crimes.
The ICC's Deputy Prosecutor Nazhat Shameem Khan called the decision an "important milestone," bringing the court closer to delivering justice for victims. El Hishri's lawyer had argued against the confirmation of charges and questioned the court's jurisdiction. However, ICC judges separately affirmed their jurisdiction in the case this week.
El Hishri was arrested in Germany in July on a sealed ICC warrant and sent to the Netherlands in December. A trial date has not yet been set.
The ICC has been tasked with investigating Libya since 2011, following an uprising that led to the downfall of dictator Moammar Gadhafi. The U.N. Security Council mandated the investigation after Libya descended into lawlessness. The court had previously issued a warrant for Gadhafi, but he was killed before he could be apprehended.
The U.S. campaign announced by Rubio aims to pressure the ICC's 125 member states to withdraw from the institution. The initiative also plans to sanction organizations that cooperate with the court and restrict travel to the United States for ICC staff. Countries that benefit from U.S. security aid will be urged to reject the court's jurisdiction over American citizens.
This is not the first time the U.S. has taken punitive measures against the ICC. The Trump administration previously imposed sanctions on ICC Chief Prosecutor Karim Khan and over a dozen other staff members. These sanctions were a retaliation for the court's decision to issue arrest warrants for top Israeli officials concerning the war in Gaza and for investigations into U.S. personnel in Afghanistan.