The International Criminal Court (ICC) in the Hague found in a decision last Friday 17 October that Italy failed to comply in the case of Libyan wanted militia leader Osama Njeem with its international obligations under the Rome Statute, thereby preventing the ICC from exercising its functions and powers under the Statute.
However, the ICC deferred its determination as to whether the matter of Italy’s non-compliance with the request for arrest and surrender Njeem should be referred to the Assembly of States Parties or to the United Nations Security Council.
Instead, it invited Italy to provide information by Friday, 31 October 2025 on any domestic proceedings relevant to the case, and an indication of the impact that these proceedings could have on Italy’s future cooperation with the Court in the execution of cooperation requests for the arrest and surrender of suspects.
It will be recalled that Italian authorities had arrested Njeem on 19 January this year in response to an arrest warrant issued by the ICC. However, the Italian authorities not only released Njeem on 21 January – without prior notice or consultation with the ICC – but arranged for him to fly back home to Tripoli.
The ICC said Njeem is alleged to have overseen Tripoli’s Mitiga Prison facilities, 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 from February 2015 onwards.
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UNSMIL alarmed by gravity of Njeem’s crimes, calls for his rearrest in Libya
