Italy pins Libyan suspect’s release on ICC’s poorly worded warrant
Italy’s government on February 5th blamed the International Criminal Court (ICC) for the controversial release of Libyan war crimes suspect Osama Almasri Najim, citing flaws in the arrest warrant, The New Arab via Reuters reported on February 6th.
The case has ignited a political dispute, with opposition parties demanding Prime Minister Giorgia Meloni to address parliament on the matter.
Najim, head of Libya’s judicial police, was arrested in Turin on January 19th under an ICC warrant but was released and flown back to Tripoli two days later on an Italian air force plane.
Critics condemned the decision, as Najim faces charges of murder, rape, and torture linked to his management of the Mitiga detention centre in Tripoli.
Justice Minister Carlo Nordio told parliament the ICC warrant contained “inaccuracies, omissions, discrepancies, and contradictory conclusions.”
An appeals court refused to validate the arrest because Italian law required ministerial review of ICC warrants, which had not yet occurred.
Nordio said the ministry was still examining the request, which was “in English with several attachments in Arabic.”
He also cited inconsistencies in the warrant’s dates, adding that there were “gross and serious contradictions” within the warrant.
Six days later, the ICC sent a “corrected version” of the warrant, including a judge’s dissenting opinion questioning its jurisdiction.
The ICC did not immediately respond to AFP’s request for comment.
Meloni revealed she, Nordio, and Interior Minister Matteo Piantedosi were under investigation over his case, suggesting the investigation was politically motivated.
A complaint against them was filed with a Rome prosecutor, who passed it to a special court which considers cases against ministers.
A South Sudanese migrant who says he was tortured by Najim in the Mitiga detention center also filed a complaint in Rome, accusing the three officials of “aiding and abetting” Najim’s release.
Elly Schlein, leader of the opposition Democratic Party, said the incident damaged Italy’s reputation and demanded Meloni explain the “deliberate choice… to free and escort home a Libyan torturer.”
She asked parliament, “What kind of country do we want to be, colleagues? On the side of the tortured or the torturers?”
Piantedosi later told MPs, Najim was deemed too dangerous to remain in Italy once released.
He denied that Italy had repatriated him in response to pressure from Libya.
Italy has a 2017 agreement, in which the country supports Libya’s coastguard to stop migrant departures.
Before his arrest in Turin, Najim had traveled to London, France, and Germany, where he was under surveillance on Interpol’s request, who issued a worldwide arrest notice on January 18th.
Najim was found carrying a Dominican passport with a 10-year US visa issued in November 2024.
The New Arab via Reuters
