The decision by Italian authorities to release Osama Elmasry Njeem, Director of Operations and Judicial Security, following his arrest in Turin on January 19, 2025 is deeply alarming, said 8 Libyan, Italian and regional organizations today. Italian police arrested Njeem in accordance with an International Criminal Court (ICC) arrest warrant, but authorities later returned him to Libya instead of transferring him to the ICC to face trial. This hasty move not only undermines the principles of international justice but also casts serious doubts on Italy’s commitment to its international legal obligations.
As former director of the notorious Mitiga detention center near Tripoli, Njeem is accused of crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 onwards. The ICC’s arrest warrant for Njeem, issued on 18 January 2025 by Pre-Trial Chamber I of the ICC, is part of the court’s ongoing investigation into crimes committed in Libya since February 2011, following a UN Security Council resolution granting the court jurisdiction over the situation in Libya.
After his arrest by the Turin judicial police, the Court of Appeal in Rome deemed Najim’s arrest “irregular” due to the failure to follow proper protocols, specifically the lack of prior consultation between the Minister of Justice and the Court regarding the ICC warrant, and ordered his release.
However, in a statement released on 22 January 2025, the ICC mentioned its engagement with Italian authorities to ensure compliance with all procedural requirements under the Rome Statute. “The Court explicitly reminded Italy of its obligation to consult with the ICC, should any issues arise that might prevent the execution of its cooperation request.” In spite of these efforts, on 21 January 2025, Osama Njeem was released from custody and transferred to Libya “without prior notice or consultation.”
Not only did Italy fail to cooperate adequately with the ICC to ensure the execution of the arrest warrant, but by releasing Njeem without implementing precautionary measures to prevent his return to Libya, they effectively facilitated his escape from accountability.
This action undermines efforts to hold perpetrators accountable and highlights Italy’s complicity in enabling human rights abuses in Libya through its long standing cooperation agreements with Libyan authorities, particularly the 2017 Memorandum of Understanding between the Libyan Government of National Accord and Italy. By first facilitating these abuses through its unchecked support of Libyan authorities and now releasing a commander wanted by the International Criminal Court, Italy has demonstrated a consistent disregard for the rights and safety of not only citizens and residents, but also migrants and refugees trapped in Libya’s brutal detention system.
We urge the Italian authorities to provide a detailed explanation for the decision to transfer Mr. Njeem to Libya and refrain in the future from actions that undermine accountability efforts and cooperation with the ICC, such as the release of alleged perpetrators.
Additionally, we call on the Libyan authorities to fulfill their obligations under international law, particularly their commitment to cooperate with the ICC as outlined in UN Security Council Resolution 1970 (2011). Libya is obligated to surrender Mr. Njeem to the ICC, as the Court has jurisdiction over crimes committed in the country since February 15, 2011. Compliance with this mandate is critical to ensuring justice for victims of serious crimes and upholding the rule of law.
Failure to meet these obligations not only undermines international justice but also perpetuates the cycle of impunity, further destabilizing Libya and eroding trust in state institutions.
Signatories:
- Cairo Institute for Human Rights Studies
- Adala for All ( AFA)
- Associazione Ricreativa Culturale Italiana (ARCI)
- Associazione per gli Studi Giuridici sull’Immigrazione (ASGI)
- CIAC Impresa sociale ETS- Centro Immigrazione Asilo e Cooperazione internazionale
- EuroMed rights
- Libya Crimes Watch ( LCW)
- Libya Platform Coalition
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