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ICC declares that Italy has violated the Rome Statute

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Last week, Pre-Trial Chamber I of the International Criminal Court (ICC) ruled that Italy had failed to properly execute the Court’s request for the arrest and surrender of Lybian national Osama Elmasry Njeem, also known as Osama Almasri Njeem, while on Italian soil earlier this year. The Pre-Trial Chamber also determined that, before deciding whether to refer Italy’s failure to comply to the ICC Assembly of State Parties or the UN Security Council, it would be appropriate to receive from the Italian Government information on any relevant domestic proceedings, as well as an indication of the impact such proceedings may have on Italy’s future cooperation with the Court in executing requests for the arrest and surrender of suspects. This information must be transmitted to the ICC by 31 October 2025,

Background: On 18 January 2025, Pre-Trial Chamber I of the International Criminal Court (ICC), by majority, issued a warrant of arrest for Njeem, in the Situation in Libya. Njeem, who is alleged to have been in charge of prison facilities in Tripoli, where thousands of persons were detained for prolonged periods, is suspected of crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 onwards.  On the same day, the ICC Registry, acting in consultation and coordination with the ICC Office of the Prosecutor and under the Chamber’s authority, submitted a request for the arrest of the suspect to six States Parties, including Italy. The suspect was located in Turin, Italy, in the early hours of 19 January 2025 and was successfully arrested by the Italian authorities. The suspect was held in custody pending the completion of the required domestic proceedings related to his arrest and surrender to the ICC. However, on 21 January 2025, without prior notice or consultation with the ICC, Njeem was released from custody and transported back to Libya.

For the decision: https://lnkd.in/e9YatPui.

For more information about the Situation in Libya: https://lnkd.in/ev4XaMMK.

(https://lnkd.in/eKtRWRwa)