The International Criminal Court (ICC) has formally accused Italy of breaching its legal obligations by failing to hand over Libyan national Osama Najim, despite an active international arrest warrant.
Deputy Prosecutor Nazhat Shameem Khan criticised the Italian government’s decision to extradite Najim to the Libyan authorities rather than complying with the ICC’s warrant. In a legal filing, Khan urged the court to declare Italy in “formal non-compliance” and to refer the matter to either the Assembly of States Parties or the UN Security Council.
According to the Italian newspaper Domani, Rome refused the ICC’s request to arrest and surrender Najim. The ICC has argued that Italy favoured an “unlawful” Libyan request and failed to inform the court in a timely manner, describing the incident as a “dangerous precedent”.
Najim was arrested on 19 January based on the ICC warrant, as reported by La Stampa. However, within days, he was transferred to Libyan custody, sparking outrage among international human rights organisations.
Amnesty International responded by urging Italy to fulfil its legal duties. In a 21 January statement, the organisation emphasised that all countries party to the Rome Statute must comply with arrest and surrender obligations issued by the ICC.
The case has triggered legal and diplomatic concerns, as Najim is wanted in connection with alleged serious crimes under international law. The exact charges remain sealed, but the court insists on his immediate surrender.
The ICC’s criticism of a European Union member state underscores growing concerns about the enforcement of international justice in politically sensitive cases. Libya’s involvement, and Italy’s cooperation with Libyan authorities, may now come under increased scrutiny from the international community.
