Italy has defended its actions regarding the brief arrest and release of Libyan General Osama Najim, who is wanted by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity.
In a 15-page report submitted to the Hague-based court, the Italian government claimed it had acted “in good faith” and did not violate its obligations to the ICC, according to Italian news agency ANSA.
General Najim, also known as Almasri, was arrested by Italian authorities in Turin on 19 January under an ICC warrant. However, he was released two days later and flown back to Tripoli on a state flight, sparking international criticism.
The report seen by ANSA argues that the arrest warrant issued by the ICC contained “uncertainties” and that the prosecutor lacks the authority to interpret Italy’s domestic legal framework.
The ICC had requested clarification from Rome in February on why Najim was not handed over and why he was not searched or had his possessions seized. The Italian government responded by stating that the ICC prosecutor’s role does not include evaluating breaches of cooperation or interpreting national laws.
Najim is accused of committing serious crimes against migrants in Libya since 2015, including torture, rape, and murder of victims as young as five years old. His release was authorised by a Rome appeals court after Italy’s Justice Minister Carlo Nordio failed to endorse the arrest.
Despite the ICC’s efforts, Italy maintains that its handling of the case was lawful. The controversy has raised fresh concerns over international cooperation in cases involving war crimes and accountability in Libya.