Italy officials say accused Libyan freed over ICC warrant ‘inaccuracies’

Italian Justice Minister Carlo Nordio stated that Italy had to release a Libyan military officer wanted by the International Criminal Court (ICC) due to errors and inaccuracies in the court's arrest warrant. This incident has sparked widespread attention and controversy, raising questions about the ICC's procedures and the implications for international justice.

Minister Nordio made these remarks on Tuesday, following the Italian authorities' detention and subsequent release of Osama Al-Khabir Al-Masry Najim, based on an ICC arrest warrant. The warrant accused Najim of being involved in the murder, torture, and rape of detainees in Libya. Najim was the head of the Tripoli branch of the notorious network of detention centers, the Reform and Rehabilitation Institutions, highlighting the severity of the alleged crimes.

After being detained in Turin for two days, Najim was sent back to Tripoli. The ICC has been investigating allegations of serious crimes committed in Libya since the 2011 civil war and has requested Italy to explain why Najim was released without any consultation. This lack of coordination has raised concerns about the effectiveness of international cooperation in prosecuting war crimes.

Najim's release has also triggered a legal investigation into Italian Prime Minister Giorgia Meloni, her two ministers, and a cabinet undersecretary. Nordio told parliament on Wednesday that the ICC's arrest warrant "contained inaccurate, omitted, differing, and contradictory conclusions." He pointed out "uncertainty" in the warrant regarding the timing of Najim's alleged crimes, with the document claiming the alleged abuse occurred between 2015 and 2024, but later referring to crimes committed after 2011. The ICC later corrected this error when publicly unsealing the arrest warrant, acknowledging the initial discrepancy.

Nordio stated, "I intend...to ask the International Criminal Court for explanations regarding these inconsistencies." He also added that the ICC was aware that it had made a "huge, hasty blunder." Interior Minister Matteo Piantedosi also addressed parliament, stating that Najim had been expelled from Italy after his release because he was considered dangerous. He denied claims by opposition leaders that Najim had collaborated with Italy to control migration flows from Libya or that Rome faced external pressure to release him, emphasizing Italy's commitment to border security.

Since 2017, Italy has had an agreement with Libya's UN-backed Government of National Unity. Under the agreement, Rome provides training and funding to the Libyan coast guard to prevent migrants from leaving or return those already at sea to Libya. A ceasefire agreement was signed by the parties to the Libyan conflict in March 2020, but a political stalemate has resulted in the formation of two separate governments in the North African country. The opposing body, the Government of National Stability, is based in the eastern city of Benghazi, further complicating the political landscape.

Piantedosi said: "I deny in the most absolute way...that the government received any acts or communications that could be considered a form of undue pressure." Italian opposition leaders were quick to dismiss the ministers' explanations and demanded that Meloni personally explain her government's decision. Elly Schlein, head of the main opposition Democratic Party, said: "Italy's international credibility has been tarnished by your decision to free a Libyan torturer," highlighting the potential damage to Italy's reputation on the global stage.

Schlein asked in parliament: "What kind of country do we want to be, colleagues? On the side of the tortured or on the side of the torturers?" Last week, Meloni revealed that Rome's chief prosecutor Francesco Lo Voi was investigating her, Nordio, Piantedosi, and cabinet undersecretary for intelligence affairs Alfredo Mantovano on charges of aiding and abetting crimes and misusing public funds. All four have denied the allegations and accused Lo Voi of politicizing the case. Meloni and the two ministers were also named in a complaint filed in Rome by a South Sudanese migrant who claimed he was tortured by Najim at the Mitiga detention center east of Tripoli, adding another layer of complexity to the unfolding situation.