The International Criminal Court (ICC) has accused Italy of obstructing justice by failing to comply with its obligation to arrest and surrender Osama Najim, a Libyan national wanted for alleged war crimes.
In a decision released on Friday, the ICC’s Appeals Chamber said that Italy’s decision to repatriate Najim to Libya instead of transferring him to The Hague directly violated its duties under the Rome Statute. The Court stated that Italy’s actions prevented it from exercising its judicial authority, calling the move a serious breach of international cooperation rules.
The ruling declared that Italy’s conduct constituted a violation of Article 87 of the Rome Statute, which requires all member states to cooperate fully with the ICC in executing arrest warrants and other judicial requests.
The Court also noted that Italy had failed to inform it in advance of Najim’s return to Libya, and that the decision to place him on a government aircraft and fly him out “without consultation” obstructed ongoing proceedings.
The judges rejected Italy’s justifications for the repatriation, describing them as “insufficient and legally unsound.” They stressed that no valid reason existed for Italy’s refusal to hand Najim over, nor for its failure to notify the Court about Libya’s parallel extradition request.
The ICC has now ordered the Italian authorities to provide a detailed explanation of the domestic legal procedures underway in Rome against several government officials involved in the case by October 31, 2025. The Court postponed a decision on whether to refer the matter to the UN Security Council for potential noncompliance proceedings.
