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Almasri Case Before ICC Preliminary Chamber: Italy’s Role Under Scrutiny


Rome: The case concerning Italy’s alleged failure to execute an International Criminal Court (ICC) warrant for Libyan General Osama Almasri, accused of war crimes and crimes against humanity at a Tripoli migrant detention center, is now before the ICC’s preliminary chamber. However, no Italian official has yet appeared before the court, according to spokesman Fadi El Abdallah. He noted that Rome might submit “observations on the failure to cooperate.”



According to Ansa News Agency, Almasri was wanted for allegedly torturing, raping, and murdering migrants, including children as young as five. He was arrested by Italian security police after attending a Juventus soccer match in Turin on January 19, only to be released and returned to Libya two days later, where he received a hero’s welcome.



Justice Minister Carlo Nordio attributed the release to errors in the ICC warrants, describing them as a “mess,” while Interior Minister Matteo Piantedosi stated that Rome had to expel Almasri due to his threat to Italy. The center-left opposition has been urging Premier Giorgia Meloni to address the House, as the minister did in her absence, suggesting she made the final decision to free the alleged war criminal.



The opposition also claimed that national security necessitated his release, as he was allegedly crucial to Italy’s agreements with Libya under a 2017 deal to fund Libyan coast guards to prevent migrants from reaching Italian shores. Some MPs highlighted Italy’s significant oil interests in Libya.



Meloni has resisted pressure to address parliament, asserting that she is not open to blackmail. Foreign Minister Antonio Tajani remarked that the ICC is “not the Word of God” and suggested it should be investigated for its handling of the case.



Meloni and others expressed suspicion that the Hague court allegedly waited until Almasri was in Italy, after traveling through the UK, Belgium, France, and Germany for 12 days, to issue the warrant. The warrant was issued a day before Almasri attended the Juventus versus AC Milan match in Italy.



The ICC has requested an explanation for Almasri’s release and subsequent return to Libya. Several refugees have reportedly filed, or are preparing to file, complaints against Meloni and other ministers related to the case.



Italy recently did not join France, Germany, the UK, and Spain among 79 countries in signing a declaration condemning Donald Trump’s sanctions on ICC staff investigating Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza, along with former defense minister Yoav Gallant, and Hamas leader killed by Israel after the October 7, 2023, attacks on southern Israel. Other non-signatories included Australia, Hungary, and the Czech Republic. The ICC has 125 member countries.

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