The International Criminal Court (ICC) has demanded an explanation from Italy regarding the release of a Libyan man suspected of heinous crimes, including war crimes, crimes against humanity, murder, torture, and rape, Al Jazeera reports.
Osama Elmasry Njeem, also known as Osama Almasri Njeem, was initially detained in Turin on Sunday following an ICC tip-off and international arrest warrant. However, the Italian government unexpectedly freed him on Tuesday, citing a legal technicality, and subsequently flew him to Tripoli on a state aircraft.
Njeem is the head of the Tripoli branch of the Reform and Rehabilitation Institution, a network of detention centers run by the government-backed Special Defence Force. He is specifically accused of overseeing the Mitiga detention center in Tripoli, where the ICC alleges he committed crimes, including murder, rape, sexual violence, and torture, against detainees since February 15, 2015. These alleged crimes were reportedly carried out based on detainees’ religion, perceived “immoral behavior,” or alleged affiliation with other armed groups.
The ICC, which has been investigating alleged serious crimes in Libya since the 2011 civil war, expressed frustration at Njeem’s release. In a statement, the court said it had urged Italy to contact them if any problems arose during the arrest process. However, Njeem was released without prior notice or consultation with the ICC.
“The Court is seeking, and is yet to obtain, verification from the authorities on the steps reportedly taken,” the ICC said in its statement. “The Court recalls the duty of all [member states] to cooperate fully with the Court in its investigations and prosecutions of crimes.”
The Italian government has remained largely silent on the matter.
The legal technicality cited by the Italian government involves a procedural error in the arrest process. A Rome court ruled that Justice Minister Carlo Nordio should have been informed ahead of time because the Justice Ministry handles all matters related to the ICC.
This release has raised questions about Italy’s commitment to international justice, particularly given the country’s close ties with the internationally recognized government in Tripoli. A trial in The Hague for Njeem would potentially bring unwanted scrutiny to Italy’s migration policies and its support of the Libyan coast guard, which it funds to prevent migrants from leaving.
Despite Italy’s actions, a spokesperson for the European Commission reiterated that all 27 member states of the European Union are pledged to cooperate with the ICC.
