Osama Elmasry Njeem is wanted by the International Criminal Court (ICC) for murder, torture, rape and other crimes against humanity and war crimes. Following the issuing of an ICC arrest warrant on 18 January, he was arrested in Turin. It was only a few hours before Italian secret service freed the Libyan general and high-ranking police chief and flew him out of the country on an Italian state aircraft. Prior to his arrest in Italy, Njeem had been travelling around Europe, including a stay in Germany.
Italy's actions disregard international law even though the country is a founding member of the ICC. As a signatory of the Rome Statute, Italy is obliged under Article 89 “to comply with the request for arrest and surrender.” In the case of Osama Elmasry Njeem, the Italian authorities argued that “procedural errors” led to grounds for Njeem’s release. However, lawyers and scholars strongly refute this position, raising serious concerns of political interference in Italy’s judiciary. The failure to execute ICC arrest warrants, as well as declarations that a state will not comply with existing warrants, by State parties in Europe is a worrying trend in securing international criminal accountability for grave violations of international law.
There is much to suggest that the Rome General Prosecutor, after consulting with the Italian Minister of Justice, ensured that Osama Elmasry Njeem was able to leave the country unhindered, thereby shielding Libyan officials from international criminal prosecution. “We reject any political interference by the Italian government in the legal proceedings for the extradition of a suspect accused of serious international crimes,” said Andreas Schüller, head of ECCHR’s International Crimes and Accountability program. In a joint letter with other human rights organizations, ECCHR calls on the Italian government to immediately clarify these events. The initiation of criminal investigations against Italian prime minister and three ministers for obstruction of justice is a first welcome step.
For years, ECCHR has been working together with survivors and affected communities to seek accountability for crimes against humanity and war crimes in Libya, particularly those committed against refugees and migrants. In 2021 and 2022, ECCHR filed comprehensive Article 15 Communications to the ICC, including details of grave abuses against people held at the Mitiga detention center near Tripoli, which was under the command of Osama Elmasry Njeem. ECCHR has partnered with Refugees in Libya (RiL) to secure additional evidence and witness statements from survivors of crimes against humanity in Libya and the Mediterranean, including at Mitiga.
Speaking about the situation surrounding the arrest of Osama Elmasry Njeem, David Yambio, a survivor of Mitiga and Co-Founder of RiL, stated, “The fragile hope for justice that we were all holding on to has been crushed.” He added “it is a betrayal, and complicity, of the Italian government,” who support violence and abuse in Libya with financing. ECCHR is concerned that all witnesses, including those living in Italy, are at risk for speaking out against Njeem.
Chantal Meloni, a Senior Legal Advisor at ECCHR and professor of international criminal law at the University of Milan, says: “An ICC investigation thwarted by the Italian government is unacceptable. The decision contradicts the obligation to cooperate with the ICC and raises suspicion that Italy has prioritized its relationship with Libyan authorities over the demands of justice. The link between Italy and the Libyan State have been carefully analyzed and imply possible responsibility on the part of Italian authorities.”
Italian political interference in the Elmarsy case provides but another example of the cooperative ties between Libyan and European officials. ECCHR’s 2022 submission to the ICC presented evidence and analysis of European responsibility for crimes against humanity against migrants and refugees in Libya and the Mediterranean, pointing to clear indications of a joint criminal plan by and operational cooperation between Libyan and European actors to contain migrants in Libya.
You can find more about our work on crimes against humanity in Libya and the Mediterranean here and the ICC press release here.
