Two migrants have filed legal cases against Italy at the European Court of Human Rights (ECHR), alleging that Rome unlawfully released a Libyan figure accused of war crimes and crimes against humanity instead of enforcing an arrest warrant issued by the International Criminal Court (ICC).
According to Politico, the cases were brought by a man from South Sudan and a woman from Ivory Coast, both of whom claim they were tortured while detained in a Libyan detention facility that held thousands of migrants following Libya’s political and security turmoil after 2011.
The detention centre was allegedly overseen by Osama Al-Masri Njeem, a Libyan security figure who was arrested in Italy in January 2025 under an ICC warrant. Prosecutors at the Hague-based court accused him of war crimes and crimes against humanity, including torture, rape, sexual slavery, and murder.
However, Al-Masri was released by Italian authorities within two days of his arrest and flown back to Libya aboard a government aircraft, a move that sparked political controversy and criticism of the government of Italian Prime Minister Giorgia Meloni.
Italian authorities argued that the decision was taken on national security grounds and noted that Al-Masri was also wanted in Libya in connection with a separate investigation.
The South Sudanese claimant alleges that he was forced to fight alongside an armed group linked to Al-Masri, while the woman from Ivory Coast says she suffered sexual violence and other forms of abuse during her detention.
The applicants argue that Italy’s failure to execute the ICC arrest warrant violated protections guaranteed under the European Convention on Human Rights, including the right to life and the prohibition of torture. They maintain that the decision denied them access to justice.
The ECHR confirmed that it has formally notified Italy of the complaints and will now assess whether the cases are admissible. Meanwhile, the ICC recently referred Italy to its Assembly of States Parties over its handling of the Al-Masri case.
Following international pressure, Al-Masri was later removed from his position and arrested in Libya. He is currently challenging the ICC’s jurisdiction over the case.
