Italy’s Handling of Libyan War Crimes Suspect Sparks Political Firestorm

Italy’s decision to release and repatriate Osama Almasri Najim, a Libyan war crimes suspect wanted by the International Criminal Court (ICC), has ignited fierce criticism at home and abroad. The government, facing mounting pressure, has shifted blame to the ICC, arguing that the arrest warrant was poorly drafted and riddled with contradictions.

Feb 6, 2025 - 12:32
Italy’s Handling of Libyan War Crimes Suspect Sparks Political Firestorm

Italy’s decision to release and repatriate Osama Almasri Najim, a Libyan war crimes suspect wanted by the International Criminal Court (ICC), has ignited fierce criticism at home and abroad. The government, facing mounting pressure, has shifted blame to the ICC, arguing that the arrest warrant was poorly drafted and riddled with contradictions.

Najim, the head of Libya’s judicial police, was arrested in Turin on January 19 under an ICC warrant accusing him of serious crimes, including murder, rape, and torture linked to his management of Mitiga detention center in Tripoli. However, just two days later, Italian authorities released him after an appeals court refused to validate the arrest. The government then arranged for his return to Libya on an Italian Air Force plane, a move that has triggered outrage, particularly from opposition parties and human rights groups.

The Government’s Defense: A Faulty ICC Warrant?

Italy’s Justice Minister Carlo Nordio, addressing parliament on Wednesday, did not hold back in his criticism of the ICC’s documentation. He claimed the arrest warrant contained “inaccuracies, omissions, discrepancies, and contradictory conclusions.”

According to Nordio, the appeals court found significant contradictions in the dates attributed to Najim’s alleged crimes—some listed as occurring in February 2011, others in February 2015. He described this as an “irreconcilable contradiction” that undermined the legal basis for detaining Najim.

The ICC reportedly sent a “corrected version” of the arrest warrant six days later, but by then, the suspect had already been released and repatriated. The court’s delay, coupled with doubts over its jurisdiction, gave the Italian government a convenient legal justification for its actions.

Political Backlash: “An International Embarrassment”

The release of Najim has not gone unnoticed on the international stage, and Italian opposition leaders have strongly condemned the government’s handling of the case.

Elly Schlein, leader of the center-left Democratic Party (PD), lambasted the decision, arguing that it has tarnished Italy’s international credibility.

“What kind of country do we want to be? On the side of the tortured or on the side of the torturers?” Schlein asked in parliament, calling on Prime Minister Giorgia Meloni to personally address the controversy.

Was Libya’s Influence at Play?

Beyond legal technicalities, critics suspect that Najim’s release was politically motivated, with Libya exerting diplomatic pressure behind the scenes.

Italy has a controversial 2017 migration deal with Tripoli’s UN-backed government, in which it provides funding and training to the Libyan coast guard in exchange for preventing migrant departures from Libya’s shores. Some opposition politicians have suggested that Rome’s decision to release Najim was a calculated move to protect this fragile agreement.

However, Interior Minister Matteo Piantedosi rejected these claims outright, insisting there was “no undue pressure” from Libya and that Najim was deemed too dangerous to remain in Italy after his release.

Legal and Political Fallout

The controversy has now reached Italy’s highest levels of government, with Prime Minister Meloni, Nordio, and Piantedosi all under investigation in connection to the case. A complaint was filed with a Rome prosecutor, who has forwarded it to a special court that reviews cases involving government ministers.

Meanwhile, human rights organizations and legal experts are calling for transparency. Amnesty International and other advocacy groups argue that Italy’s actions could undermine international justice efforts and set a dangerous precedent for the handling of ICC cases.

What’s Next?

The case of Osama Najim is far from over. As Italy faces growing pressure to explain its actions, questions remain over whether the decision was simply a legal misstep or a deliberate political maneuver to maintain its strategic ties with Libya.

For now, Rome may have washed its hands of Najim, but the stain of this diplomatic debacle is unlikely to fade anytime soon.