Italy’s failure to surrender Libyan suspect to the International Criminal Court is a breach of its Rome Statute obligation

Andreas SOLARO / AFP

In response to Italy’s failure to surrender Osama Elmasry Njeem to the International Criminal Court (ICC), the International Federation for Human Rights (FIDH) joins Libyan, Italian, and international human rights organisations in calling on Italy to urgently explain why it violated Article 89 of the Rome Statute. Njeem, a senior Libyan officer wanted by the ICC for alleged war crimes and crimes against humanity (including torture, rape, sexual violence, murder, imprisonment, and persecution) was arrested in Turin on 19 January under an ICC arrest warrant. Shockingly, without notifying the Court, he was reportedly released from custody on 21 January, and transported back to Libya.

Such egregious non-cooperation from an EU State Party not only obstructs the ICC’s ability to hold perpetrators accountable, it also denies thousands of Libyan victims access to justice. The ICC is not short on cases; it’s short on arrests. The Court has issued warrants for over 30 suspects in situations around the world, but with states -like Italy- failing to fulfill their obligation to arrest and surrender them, trials cannot proceed, and justice remains out of reach. Ultimately, this comes down to political will - ICC States Parties must comply with their Rome Statute obligations to ensure accountability for mass atrocities.

Read the joint statement below.

22 January 2025. The Italian government is yet to clarify the reasons for its failure to surrender Osema Najim ’Almasri’ Habish to the International Criminal Court (ICC). A senior Libyan officer, Almasri is wanted by the ICC for crimes against humanity and war crimes committed in prisons in Libya. He was apprehended on 19 January 2025 in Turin, Italy, and allowed to covertly return to Libya after two days.

Italy is obliged under Article 89 of the Rome Statute to "comply with requests for arrest and surrender" of suspects with outstanding arrest warrants. This failure to surrender Almarsi to the ICC constitutes a serious breach of Article 89 of the Rome Statute.

The ICC’s mandate to prosecute the "most serious crimes of international concern" solely depends on States Parties to comply with its legal obligations under the Rome Statute. Italy is one of the original signatories of the Statute, having signed it on 18 July 1998 and ratifying it one year later.

As a first step, the Government of Italy must now provide an immediate explanation for its release of Almasri and its failure to surrender him to the Court. Then, the Office of the Prosecutor of the ICC may consider filing a motion under Article 87(7) of the Rome Statute seeking a finding of non-compliance by Italy of its legal obligations and a referral of the matter to the Assembly of States Parties of the ICC.

The ICC is already grappling with a growing trend of non-compliance with the execution of arrest warrants by States Parties with respect to the situations in Ukraine and Palestine, and a looming threat of sanctions from the U.S. Without State cooperation and support, the Court cannot function.

Signatory Organisations:

Lawyers for Justice in Libya (LFJL)
European Center for Constitutional and Human Rights
Ensaf Organization for Rights and Freedoms
International Federation for Human Rights (FIDH)
Libya Crimes Watch (LCW)
Nuhanovic Foundation
Parliamentarians for Global Action (GPA)
REDRESS
SAWT For Human Rights
Strali
Youth for Tawergha Organization

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