The International Criminal Court (ICC) announced today that it had issued an arrest warrant on 18 January against Osama Elmasry Njeem for alleged crimes against humanity and war crimes.
The ICC said Njeem, 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 at Tripoli’s Mitiga Prison in Libya from February 2015 onwards.
The ICC found that the crimes set out in the warrant were committed by Njeem personally, ordered by him, or with his assistance by members of the Special Deterrence Forces – also known colloquially as RADA – (the ‘SDF/RADA’ led by Abdelrauf Kara). The crimes took place at Mitiga Prison, against persons imprisoned for religious reasons (such as being Christian or atheist); for their perceived contraventions to SDF/RADA’s religious ideology (e.g. suspected of ‘immoral behaviour’ and homosexuality); their alleged support or affiliation to the other armed groups; for the purpose of coercion; or a combination thereof.
INTERPOL Red Notice issued
The ICC reported that on the same day, the ICC Registry, acting in consultation and coordination with the Office of the Prosecutor and under the Chamber’s authority, submitted a request for the arrest of the suspect to six States Parties, including the Italian Republic. The ICC’s request was transmitted through the channels designated by each State and was preceded by advance consultation and coordination with each State to ensure the appropriate receipt and onward implementation of the ICC’s request. The ICC also conveyed real-time information indicating the possible whereabouts and movement of the suspect across the European Schengen zone. In tandem, as provided in the Statute, the ICC made a request to INTERPOL to issue a Red Notice.
Njeem located and arrested in Turin
The ICC said the suspect was located in Turin, Italy, in the early hours of Sunday, 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.
Arrest kept secret
At the request of, and acting out of full respect for, the Italian authorities, the ICC deliberately refrained from publicly commenting on the arrest of the suspect.
At the same time, the ICC said it continued to pursue its engagement with the Italian authorities to ensure the effective execution of all steps required by the Rome Statute for the implementation of the ICC’s request. In this context, the Registry also reminded the Italian authorities that in the event they identify any problems which may impede or prevent the execution of the present request for cooperation, they should consult the ICC without delay in order to resolve the matter.
Italy releases and transports Njeem to Tripoli – without explanation
The ICC reported that on 21 January 2025, without prior notice or consultation with the ICC, Njeem was reportedly released from custody and transported back to Libya. The ICC said it is seeking, and is yet to obtain, verification from the authorities on the steps reportedly taken.
The ICC said recalls the duty of all States Parties to cooperate fully with the Court in its investigations and prosecutions of crimes.
