Italy should probe International Criminal Court over Libyan suspect’s arrest warrant – Tajani

6 Febbraio 2025

(Adnkronos) – Italy should consider investigating the International Criminal Court for an arrest warrant for a Libyan war crimes suspect that was full of errors, foreign minister Tajani said on Thursday, after the ICC reportedly opened a probe into Rome’s alleged obstruction of justice for freeing and repatriating the suspect – Osama Almasri Najim. 

“No comment on the ICC – I have many reservations over its behaviour in this case. We may need to open a probe into the ICC,” Tajani said during a visit to Israel’s port of Ashdod. 

“I confirm that the warrant sent to Italy was nul and agree 100% with (justice minister Carlo) Nordio,” Tajani said. 

Tajani referred to claims by Nordio in parliament on Wednesday that the warrant for Najim’s arrest that the ICC issued was “riddled” with “errors and inaccuracies, omissions, discrepancies and contradictory conclusions” which he said left the government with no choice but to release and repatriate Najim. 

The ICC has opened an investigation into Italy’s release and repatriation of Najim, the head of Libya’s judicial police, just two days after he was arrested in Turin, northern Italy on 19 January, according to Italian daily Avvenire. 

The court will consider if the Italian government “hindered the administration of justice under article 70 of the Rome Statute” over the case of Najim. The suspect faces ICC charges of crimes against humanity, murder, torture, rape and sexual violence at Tripoli’s Mitiga detention centre. 

The ICC opened the probe after a Sudanese refugee now living in France filed a complaint to the court when Najim was freed and sent back to Libya aboard an Italian government plane. The refugee had reported to international investigators in 2019 that he and his wife had been tortured by Najim and that he was the victim of numerous crimes. 

The Sudanese national supplied “ample evidence” to the ICC prosecutor’s office in the Hague, which was attached a the 40-page arrest warranted issued by the court in English. 

As a signatory to the ICC, Italy is legally bound to execute the court’s warrants.  

Critics suggest Italy’s decision to free Najim may have been influenced by its political and business ties with Libya, whose coastguard are paid by Italy’s government to intercept migrant boats before they land. 

 

 

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