ICC Prosecutor challenges Italy over release of Libyan official accused of war crimes
Italy faces mounting scrutiny at the ICC after quietly flying a Libyan war crimes suspect back to Tripoli, prompting accusations of obstructing international justice.
ROME – The International Criminal Court prosecutor has formally asked judges to declare Italy non-compliant with its obligations under the Rome Statute, following the controversial release in January of a Libyan official accused of crimes against humanity.
The request comes after Italy submitted its official justifications, as part of a procedural step allowing states to explain their conduct before the Court rules on possible non-cooperation. In a 14-page response, Prosecutor Nazhat Shameem Khan argued that Italy failed to meet its legal obligations, obstructed justice, and prevented the Court from exercising its mandate.
Nijeem Osama Almasri, head of Libya’s judicial police, was arrested in Turin on 19 January, but just two days later, he was released and flown back to Tripoli aboard an Italian air force plane. Almasri faces charges of murder, torture, and rape linked to abuses committed at the Mitiga detention centre in the Libyan capital.
Italy defended its actions by citing a ruling from the Rome Court of Appeal, which ordered Almasri’s release over procedural flaws in the arrest. The Justice Ministry said it couldn’t correct the error due to a supposed competing extradition request from Libya – later denied by the Libyan prime minister – and inconsistencies in the ICC warrant. The Interior Ministry also ordered Almasri’s expulsion, calling it the fastest way to protect national security.
The prosecutor, however, cast serious doubt on Italy’s explanation. “Over three months after Almasri’s release, Italy raised for the first time the existence of an alleged competing extradition request from Libya,” Khan wrote, noting that no supporting evidence was included in the documentation.
“In the end,” she added, “it appears that, after receiving two competing requests, Italy complied with neither. Almasri was neither surrendered to the Court nor extradited (or arrested) in Libya – but transferred in full freedom to Tripoli, where he was greeted by a cheering crowd.”
According to the ICC prosecutor, concerns about the arrest warrant or parallel requests should have triggered a formal consultation process, and not unilateral release. She is now urging the ICC’s Pre-Trial Chamber to declare Italy in breach and refer the matter to the Assembly of States Parties or the UN Security Council.
Meanwhile, in Rome, Prime Minister Giorgia Meloni, Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi and undersecretary Alfredo Mantovano are under investigation in connection with the case, facing allegations of aiding and abetting, and embezzlement.
