The Italian government unexpectedly released Osama al-Masri Najm on a legal technicality.
The International Criminal Court has asked Italy to answer why it freed a Libyan man accused of crimes against humanity and war crimes, as well as murder, torture and rape.
Italy detained Osama al-Masri Najim, also known as Osama al-Masri Najm, in Turin on Sunday after receiving a tip from the Hague-based ICC, which had brought him to international attention. An arrest warrant was issued.
However, the Italian government unexpectedly released him on Tuesday due to a legal technicality. He was then flown to Tripoli on a government plane.
Najm heads the Tripoli branch of the Reform and Rehabilitation Agency, a notorious network of detention centers run by the government-backed Special Defense Forces.
Najm is believed to be in charge of the Matiga detention center in Tripoli, and has been wanted since 15 February 2015 on charges including murder, rape and sexual violence and torture, among other charges.
The ICC said the alleged crimes against the detainees were committed because of their religion, perceived “immoral behavior” or alleged support for or affiliation with other armed groups.
The ICC, which has been investigating alleged serious crimes in Libya since the country’s 2011 civil war, said in a statement that it had urged Italy to investigate if there were any problems with the arrest process. So he should contact his staff.
However, he said Najam was released without prior notice or consultation.
“The court is seeking, and is yet to receive, confirmation from the authorities regarding the steps allegedly taken,” the ICC said.
The court remembers everyone’s duty. [member states] The ICC said in a statement that it will fully cooperate with the court in its investigations and prosecutions of crimes.
Neither the office of Prime Minister Georgia Maloney nor the Ministry of Justice have commented on the case.
Technicality
The Italian government released the warlord on a technicality, arguing that there was a procedural error in his arrest.
A Rome court ruling securing the release said Justice Minister Carlo Nordio should have been informed ahead of time, as the Justice Ministry handles all relations with the ICC.
The Italian government has close ties with the internationally recognized government in Tripoli.
Any trial at The Hague would draw unwanted attention to Italy’s migration policies and support for Libya’s coast guard, which it has funded to prevent migrants from leaving.
Esther Major, Amnesty International’s deputy director of research for Europe, said: “This is a stunning setback for victims, survivors and international justice and a missed opportunity to break the cycle of impunity in Libya. “
Despite Italy’s move, a spokesperson for the European Commission confirmed that all 27 EU member states were committed to cooperating with the court.
“We respect the court’s impartiality and we are fully committed to international criminal justice in dealing with impunity,” said EU Commission spokesman Anwar al-Anouni. He added that at the 2023 summit, EU leaders pledged to “cooperate fully with the court, including the speedy execution of any pending arrests.”
