The International Criminal Court (ICC) has formally referred Italy to the Assembly of States Parties over its failure to execute an arrest warrant against Osama Najim, also known as “Al-Masri,” who is wanted by the court on charges of crimes against humanity.
According to the Italian news agency ANSA, the ICC’s Pre-Trial Chamber ruled that Italy did not comply with its obligations under the Rome Statute after Najim was arrested in the city of Turin on 19 January last year, then released two days later and flown back to Libya aboard an Italian state aircraft.
The judges concluded that Rome failed to fulfill its duty to arrest and surrender the suspect to The Hague, despite a valid ICC request. The court said the decision to refer the case to the Assembly of States Parties came after reviewing all relevant documents, while noting that the option of referring the matter to the UN Security Council had been examined but ultimately set aside.
ANSA reported that one of the three judges in the Pre-Trial Chamber issued a dissenting opinion against the referral decision. The court also noted that the Italian government, in a letter dated 31 October, had pledged to review its domestic legislation governing cooperation with the ICC in order to prevent similar problems in the future.
Italian authorities have justified Najim’s return to Libya on national security grounds, while reaffirming their commitment to continued cooperation with the ICC.
Domestically, the Italian parliament rejected a request to authorize legal proceedings against Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi, and Undersecretary to the Prime Minister Alfredo Mantovano. However, the public prosecutor is still pursuing investigations related to Giusi Bartolucci, head of the Justice Ministry’s cabinet, who is accused of making false statements to prosecutors.
The referral of Italy is expected to be discussed at the next session of the ICC Assembly of States Parties, scheduled for December.
Najim, who heads the Tripoli-based Reform and Rehabilitation Institution, is the subject of an arrest warrant issued by the ICC’s Pre-Trial Chamber on charges of crimes against humanity and war crimes, including murder, torture, rape, and sexual violence. The alleged crimes are said to have been committed in Libya, particularly at Mitiga prison, since February 2015, either directly by Najim, under his orders, or with the involvement of members of the Special Deterrence Force.
