The Italian government unexpectedly released Osama Elmasry Njeem due to a legal technicality.
The International Criminal Court has demanded answers from Italy on why it released a Libyan man suspected of crimes against humanity and war crimes, as well as murder, torture and rape.
Italy arrested Osama Elmasry Njeem, also known as Osama Almasri Njeem, in Turin on Sunday after receiving information from the Hague-based ICC, which had issued an international arrest warrant against him.
However, the Italian government unexpectedly released him on Tuesday due to a legal technicality. He was then flown on an official state plane to Tripoli.
Njeem heads the Tripoli branch of the Institution for Reform and Rehabilitation, a notorious network of detention centers run by the government-backed Special Defense Forces.
Njeem was allegedly in charge of the Mitiga detention center in Tripoli and is wanted on charges of murder, rape, sexual violence and torture, committed since February 15, 2015.
The alleged crimes were committed against detainees because of their religion, their “immoral behavior” or their alleged support or affiliation with other armed groups, the ICC said.
The ICC, which is investigating alleged serious crimes committed in Libya since the 2011 civil war, said in a statement that it had urged Italy to contact its staff if there were any problems with the arrest process.
However, he said Njeem was dismissed without notice or consultation.
“The Court is seeking, and has not yet obtained, verification from the authorities of the measures allegedly taken,” the ICC said.
“The Court recalls the duty of all [member states] to cooperate fully with the Court in its investigation and prosecution of crimes,” the ICC statement said.
Neither Prime Minister Giorgia Meloni’s office nor the Justice Ministry have commented on the matter.
Technicality
The Italian government released the warlord on technical grounds, arguing that there was a procedural error in his arrest.
A Rome court’s ruling that secured the release said Justice Minister Carlo Nordio should have been informed in advance, since the Justice Ministry manages all relations with the ICC.
The Italian government maintains close relations with the internationally recognized government in Tripoli.
Any trial of Njeem in The Hague would have drawn unwanted attention to Italy’s migration policy and its support for the Libyan coast guard, which it funded to prevent migrants from leaving.
“This is a major blow to victims, survivors and international justice, and a missed opportunity to break the cycle of impunity in Libya,” said Esther Major, deputy director of research. for Europe to Amnesty International.
Despite Italy’s decision, the European Commission spokesperson reaffirmed that the 27 member states of the European Union are committed to cooperating with the Court.
“We respect the impartiality of the Court and we are fully committed to international criminal justice to fight impunity,” said European Commission spokesperson Anouar El Anouni. At a summit in 2023, EU leaders pledged “to cooperate fully with the Court, including by promptly executing any pending arrests,” it added.
