The Italian government unexpectedly released Osama Elmasry Njeem on legal technicalities.
The International Criminal Court has asked Italy to answer why it released a Libyan 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, on Sunday in Turin after receiving a tip from the International Criminal Court (ICC), which 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 to Tripoli on an official state plane.
Njeem is the head of 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 is believed to be in charge of Tripoli’s Mitiga detention center and is wanted on charges including murder, rape and sexual violence and torture, dating back to February 15, 2015.
The alleged crimes were committed against detainees because of their religion, perceived “immoral behavior” or alleged support for or affiliation with other armed groups, the ICC said.
The ICC, which has been investigating alleged serious crimes committed in Libya since the country’s civil war in 2011, said in a statement that it had invited Italy to contact its staff if there were any problems with the arrest process.
However, Njeem was said to have been fired without notice or consultation.
“The court is seeking, and has yet to receive, confirmation from the authorities of the steps allegedly taken,” the ICC said.
“The court reminds everyone of their duty [member states] to fully cooperate with the Court in its investigations and prosecution of crimes,” the ICC statement said.
Neither Prime Minister Giorgia Meloni’s office nor the Ministry of Justice have commented on the case.
Formality
The Italian government released the warlord on a technicality, claiming there was a procedural error in his arrest.
The Rome court ruling that secured the acquittal said Justice Minister Carlo Nordio should have been notified in advance, as the Justice Department manages all relations with the ICC.
The Italian government has close relations with the internationally recognized government in Tripoli.
Any trial of Njeme in The Hague would draw 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 stunning blow to victims, survivors and international justice and a missed opportunity to break the cycle of impunity in Libya,” said Amnesty International’s Esther Major, Deputy Research Director for Europe.
Despite Italy’s move, the spokesperson of the European Commission reaffirmed that all 27 member states of the European Union have committed to cooperate with the court.
“We respect the impartiality of the court and are fully committed to international criminal justice in the fight against impunity,” said European Commission spokesman Anouar El Anouni. At the 2023 summit, EU leaders pledged to “cooperate fully with the court, including the swift execution of any outstanding arrests,” he added.
