Photo source: INTERPOL
The Hague: The International Criminal Court (ICC) today sought verification from Italy on the reported release of Osama Elmasry Njeem, the head of the Libyan judicial police forces affiliated with the powerful Libyan Special Deterrence Force (Rada), without prior notice or consultation with the Court.
On 21 January 2025, Osama Elmasry Njeem was reportedly released from the custody of the Italian authorities and transported back to Libya. The Court said it is yet to obtain, verification from the authorities on the steps reportedly taken. The ICC recalled the duty of all States Parties to cooperate fully with the Court in its investigations and prosecutions of crimes.
On January 18, 2025, Pre-Trial Chamber I of the International Criminal Court (“ICC”), by a majority, issued a warrant of arrest for Osama Elmasry Njeem, also known as Osama Almasri Njeem, in the situation in Libya.
Njeem, who had an International Criminal Court’s arrest warrant for committing war crimes in Libya, was located in Turin, Italy, in the early hours of Sunday 19 January 2025 and was successfully arrested by the Italian authorities. The ICC disclosed today that he was held in custody pending the completion of the required domestic proceedings related to his arrest and surrender to the Court.
At the request of the Italian authorities, the Court said it deliberately refrained from publicly commenting on the arrest of the suspect but 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 Court’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 Court without delay in order to resolve the matter.
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. His alleged involvement in the mass graves found in Tarhuna after the ceasefire in force since October 2020, was also being investigated by the ICC.
Specifically, the warrant of arrest for Osama Elmasry Njeem listed the war crimes of outrages upon personal dignity; the war crime of cruel treatment; the war crime of torture; the war crimes of rape and sexual violence; and the war crime of murder, committed in Mitiga Prison from February 15, 2015, onwards and for the crimes against humanity of imprisonment; of the crime against humanity of torture; of the crimes against humanity of rape and sexual violence; of the crime against humanity of murder; and the crime against humanity of persecution committed in Mitiga Prison from February 15, 2015, onwards.
The Chamber 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’). 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 coercion; or a combination thereof.
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 to arrest the suspect to six States Parties, including the Italian Republic. The Court’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 Court’s request. The Court 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 Court requested to INTERPOL to issue a Red Notice.
– global bihari bureau
