{"id":140923,"date":"2025-01-31T10:48:42","date_gmt":"2025-01-31T09:48:42","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=140923"},"modified":"2025-02-03T11:44:09","modified_gmt":"2025-02-03T10:44:09","slug":"rome-defies-icc","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/140923-rome-defies-icc.html","title":{"rendered":"Rome defies the ICC"},"content":{"rendered":"\n

Italian head of the government Giorgia Meloni announced, on Tuesday January 28, that she was under investigation following the expulsion of a Libyan man wanted by the International Criminal Court. The man, Osama Najim, is known as head of prison facilities in Tripoli, notorious for violence against migrants. But this political blow to the Court by a member State is also directed against a system of international criminal justice.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

This is the latest setback in cooperation between a State party and the International Criminal Court (ICC)<\/a>. \u201cItaly has failed to comply with its obligations of cooperation with the Court,\u201d comments Maria Crippa, a postdoctoral researcher at the Department of Law \u201cCesare Beccaria\u201d at the University of Milan. \u201cThis is also a very important signal to understand which direction the investigation of the ICC Prosecutor is taking, but at the same time it is problematic because, now the arrest warrant is public, this person and his collaborators will hardly travel, and it will be difficult to capture him again.\u201d<\/p>\n\n\n\n

On January 21, two days after his arrest in a Turin hotel following a warrant from the ICC, Osama Almasri Najim, head of the Libyan judicial police, was released on procedural grounds by a Rome appeals court and flown to Libya in an Italian government plane.<\/p>\n\n\n\n

The man is a 45-year-old Libyan national. Reportedly in charge of the notorious Mitiga prison in Tripoli and a senior official of Libya\u2019s judicial police, he is suspected of crimes against humanity and war crimes, including murder, torture, enslavement and sexual violence committed since February 2015. According to the ICC, the crimes were committed against detainees for \u201creligious reasons\u201d, \u201cimmoral behaviour\u201d, and their alleged support or affiliation with other armed groups.<\/p>\n\n\n\n

Sexual violence, murder and torture<\/h2>\n\n\n\n

Many of those imprisoned at Mitiga are migrants and refugees, though there is no mention of these groups in the ICC arrest warrant<\/a>. Unsealed on January 24, the document gives a detailed account of the alleged crimes. At least 5,140 persons were imprisoned in Mitiga from February 2015 to October 2024, \u201cin violation of fundamental rules of international law\u201d. The Prosecutor submitted to the judges that \u201cat least 22 persons, including a five-year-old boy, were subjected to sexual violence by Mitiga Prison guards. [...] At least eight persons, including a 15-year-old boy, were raped\u201d. The judges also found \u201creasonable grounds to believe that at least 34 detainees were killed in Mitiga Prison\u201d: four after being shot, 12 due to torture, 16 to a lack of adequate medical treatment, and at least two \u201cas a result of being obliged to sleep in the prison\u2019s yard despite the freezing temperature\u201d. The ICC investigation in Libya started in 2011, after a United Nations Security Council referral. No suspect in the situation has been arrested and tried yet.<\/p>\n\n\n\n

\u201cThe Libyan domestic system is not able and willing to prosecute perpetrators of international crimes, so the only remaining hope is the ICC,\u201d says Mehdi Ben Youssef, Senior Investigator at Lawyers for Justice in Libya. \u201cVictims and Libyans have waited for 14 years [since the referral to the ICC] to see any form of justice and this arrest represented a huge opportunity: it referred to crimes committed in one of the main prisons by a member of one of the main militias in the country [the Special Deterrence Forces, also known as Rada]. That\u2019s why it represents a huge blow, and it sends the wrong signal from Italy.\u201d<\/p>\n\n\n\n

In Turin for a football match<\/h2>\n\n\n\n

What is known from media reconstruction and official documents is that Najim attended a Juventus-Milan football match in Italy on Sunday 19, after arriving in the country by car. According to Corriere della Sera<\/a>, he had landed from Libya in Italy on January 6 and had spent two weeks travelling to European countries, before renting a car in Germany that he was supposed to return at Rome Fiumicino airport. It is only the day before the game, on Saturday 18, that the ICC issued a sealed arrest warrant against him. In its only press release<\/a> reacting to the situation so far, issued on January 22, the ICC said that the warrant was transmitted to six State parties, including Italy. The ICC also said that it \u201cconveyed real-time information indicating the possible whereabouts and movement of the suspect\u201d and it requested Interpol to issue a Red Notice.<\/p>\n\n\n\n

On Sunday, Italian anti-terrorist police (DIGOS) arrested Najim in a hotel room in Turin and informed the Ministry of Justice. According to the ICC statement, \u201cat the request of, and acting out of full respect for the Italian authorities, the Court deliberately refrained from publicly commenting on the arrest\u201d. At the same time, they kept seeking engagement and reminded Italian authorities that in case of any problems, \u201cthey should consult the Court without delay\u201d.<\/p>\n\n\n\n

After two days of silence from the Ministry of Justice, which was responsible for confirming the detention and passing on the ICC orders, the Rome Court of Appeals on January 21 issued an order with the favourable opinion of the Prosecutor General to release Najim. It cited \u201cprocedural irregularities\u201d in his arrest. Najim was swiftly sent back to Libya on an Italian government plane, where he was greeted by a cheering crowd<\/a> of supporters and carried through the streets of Tripoli. According to the ICC press release, \u201cthe Court is seeking, and is yet to obtain, verification from the authorities on the steps reportedly taken\u201d.<\/p>\n\n\n\n

Meloni under investigation<\/h2>\n\n\n\n

Last week, Italian Foreign Minister Antonio Tajani told reporters<\/a> that the ICC \u201cis not the word of God, it\u2018s not the font of all truth\u201d, adding that \u201cItaly is a sovereign country\u201d.<\/p>\n\n\n\n

But on January 28, Italian Prime Minister Giorgia Meloni said, in a video message<\/a>, that she had been placed under investigation following the release of Najim, together with Justice Minister Carlo Nordio, Interior Minister Matteo Piantedosi and the cabinet undersecretary for Intelligence Matters, Alfredo Mantovano. Rome\u2019s chief prosecutor, Francesco Le Voi, opened an investigation against her for allegedly aiding and abetting a crime and misuse of public funds, she said, triggered by lawyer Luigi Li Gotti\u2019s complaint over the release of Najim and the use of an official jet to fly him back to Tripoli. \u201cI am not blackmailable, I am not intimidated,\u201d Meloni added.<\/p>\n\n\n\n

This latest development has sparked political chaos. Ministers Nordio and Piantedosi were invited to explain on Wednesday 29 January before the House of Representatives and Senate to explain why the Libyan national was released and sent back, but they refused to attend. In response, opposition parties have suspended the Senate sessions until next Tuesday, February 4, or until Meloni agrees to report to Parliament. <\/p>\n\n\n\n

Nordio already appeared in the Senate on Wednesday 22 for a previously scheduled briefing. Opposition members urged him to clarify what happened and accused the government of hypocrisy, since after the tragic shipwreck in Cutro in March 2023 that left at least 94 people dead Meloni promised she would \u201cgo after the smugglers all over the globe because we want to break this trafficking\u201d. As for Piantedosi, he said during a question time in the Senate on January 23 that \u201cfollowing the non-validation of the arrest and considering that the Libyan citizen presented a profile of social dangerousness, I adopted an expulsion order for reasons of State security\u201d. <\/p>\n\n\n\n

\u201cThis is of unprecedented gravity\u201d<\/h2>\n\n\n\n

According to Chantal Meloni, professor at the University of Milan, \u201cthe law does not give discretion to the Justice Minister, it gives them a technical role. So the Minister\u2019s statement was something unusual, because there was not much to evaluate, just transmit these acts, as the law requires. This is of unprecedented gravity, and it is pointless to hide behind technicalities\u201d. When the arrest was considered irregular, Nordio could have solved the problem, concludes Meloni.<\/p>\n\n\n\n

\u201cIt is outrageous. There was a clear arrest warrant so there was no room for interpretation or political manoeuvring,\u201d says Ben Youssef in Libya. Victims\u2019 groups in Libya fear retaliation now that the arrest warrant is public and Najim is back in the country, he adds. \u201cCivil society and activists are already collaborating with the ICC under a crackdown and speak with them at huge risk, which now is even higher.\u201d<\/p>\n\n\n\n

According to Ali Omar, Director of Libya Crimes Watch, \u201cby taking this step, the Italian authorities become complicit in the responsibility for the international crimes and violations being committed in Mitiga Prison\u201d. Omar also points to a previous incident when Saddam Haftar, the son of Khalifa Haftar suspected by Spanish police of smuggling weapons, was briefly detained and then released by the Italian authorities, in August 2024<\/a>.<\/p>\n\n\n\n

Over the last decade, Italy has outsourced its migration control to Libya, by paying and training the Libyan Coast Guard to push-back migrants<\/a>, after having funded Muammar Gaddafi<\/a> with billions of dollars to control migrants. Because of that, Italian politicians have been named in various reports and communications<\/a> to the ICC as possible co-perpetrators in crimes against migrants.<\/p>\n\n\n\n

\"Giorgia
Giorgia Meloni is the only European leader to have been invited to Donald Trump\u2019s inauguration. Her challenge to the International Criminal Court highlights her agreement with the American president\u2019s intention to undermine the Court\u2019s work and very existence. Photo: \u00a9 Filippo Attili \/ AFP<\/figcaption><\/figure>\n\n\n\n

Rome vs Rome Statute<\/h2>\n\n\n\n

Crippa thinks that \u201capart from hosting the founding Rome conference, Italy has unfortunately distanced itself from the international criminal justice system through some clear decisions, like the one to block the reform<\/a> to implement the international crimes of the Rome Statute in its national system in 2022\u201d. As a result, so far it could not prosecute perpetrators high up in the chain of command. \u201cWe catch the small fish that often arrive in Italy, themselves part of the migratory flow. So, arresting a person who stands at the head of a system of torture and violence would have been a positive sign in terms of accountability and fighting impunity.\u201d<\/p>\n\n\n\n

Gabriele della Morte, professor of international law at the Universit\u00e0 Cattolica in Milan, suggests that the release of Najim also sends a broader message. \u201cThe government is saying that if Netanyahu or a member of the Israeli government passes on Italian territory, forget that they will catch him. This seems to me to be the clear message that the Italian government is giving: the relations with the ICC are political, not legal. Therefore, you must not automatically proceed with the order of the International Criminal Court.\u201d<\/p>\n\n\n\n

As the ICC is left with just one ongoing trial in 2025 and is threatened by heavy sanctions from the United States, \u201cit is a very bitter pill to have come so close to the start of new proceedings, years of work could have materialised,\u201d says professor Meloni. \u201cThe Italian government boycotted a successful operation that was almost completed.\u201d<\/p>\n\n\n\n

\u201cIt puts Italy in the clear position of a country that is in fact working against the ICC, against a system of international criminal justice painstakingly built over decades with great aspirations, promises and premises that have involved Italy at the forefront,\u201d she adds. \u201cItaly is now instead taking the side of those states that, starting with Trump\u2019s United States<\/a>, want to effectively make the work of the International Criminal Court\u2019s judges impossible.\u201d<\/p>\n\n\n

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Italian head of the government Giorgia Meloni announced, on Tuesday January 28, that she was under investigation following the expulsion of a Libyan man wanted by the International Criminal Court. The man, Osama Najim, is known as head of prison facilities in Tripoli, notorious for violence against migrants. But this political blow to the Court […]<\/p>\n","protected":false},"author":97,"featured_media":140914,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[562],"tags":[2653,2683],"ji_location":[3988,2319],"class_list":["post-140923","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icc","tag-crime-against-humanity","tag-war-crime","ji_location-italy","ji_location-libya"],"acf":[],"yoast_head":"\nItaly defies the ICC<\/title>\n<meta name=\"description\" content=\"Italian President Giorgia Meloni is under investigation following the expulsion of a Libyan, Osama Najim, who was wanted by the International Criminal Court (ICC) and arrested in Italy. This greatly complicates the ICC's business. 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This greatly complicates the ICC's business. A political blow, but also a challenge to the international criminal justice system.","breadcrumb":{"@id":"https:\/\/www.justiceinfo.net\/en\/140923-rome-defies-icc.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.justiceinfo.net\/en\/140923-rome-defies-icc.html"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.justiceinfo.net\/en\/140923-rome-defies-icc.html#primaryimage","url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Italy_Osama-Najimi-airport-Lybia_@Marco-Fattorini-X.jpg","contentUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Italy_Osama-Najimi-airport-Lybia_@Marco-Fattorini-X.jpg","width":900,"height":600,"caption":"Arrested in Turin (Italy) on the basis of an arrest warrant issued by the International Criminal Court, Osama Almasri Najim is greeted on his landing in Tripoli (Libya) on 21 January 2025, aboard an Italian government aircraft. 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