Italy has come under international scrutiny after its recent decision to return Ossama Anjiem, a Libyan warlord, to his home country despite an International Criminal Court (ICC) arrest warrant. Justice Minister Carlo Nordio defended the move, criticizing the ICC for issuing what he described as a ‘contradictory and flawed’ warrant.
The controversy erupted following al-Masri’s arrest in Turin on January 19, after he arrived from Germany to watch a soccer match. The ICC had charged him with war crimes and crimes against humanity, primarily for activities in the Mitiga prison in Libya beginning in 2015. These charges included murder, torture, rape, and sexual violence, punishable by life imprisonment.
However, Nordio explained that not long after the warrant was initially issued on January 18, the ICC supposedly 'corrected' or entirely revised it, complicating the timeline of offenses attributed to al-Masri. The original warrant cited crimes from 2015-2024, while conclusions mentioned from 2011 onwards, creating a notable inconsistency. This led to Italy’s Court of Appeals ordering his release due to a ‘technical problem’ in the warrant's transmission.
This decision has spurred harsh criticism from human rights organizations and the ICC itself, accusing Italy of neglecting its duties under the Rome Statute of 1998, which mandates compliance with ICC arrest warrants.
Critics have accused the Italian government of prioritizing its diplomatic ties with Libya over international obligations, suggesting that fears of retaliatory actions by Libyan militias factored into the decision to return al-Masri. Opposition lawmakers exploited the issue to critique Premier Giorgia Meloni, demanding her appearance before parliament to clarify the government’s actions.
Italy depends significantly on cooperation from Libyan authorities to manage migration issues along its coastlines, a fact that complicates policies on international justice obligations. Interior Minister Matteo Piantedosi negated claims that al-Masri was ever a negotiating figure concerning migration policies or threats were made linked to his arrest.
Nordio’s defense, emphasizing the judiciary errors in the ICC’s warrant, reflects broader tensions between Italy's executive branch and judiciary. Recent warnings from Rome’s chief prosecutor to investigate several politicians, including Meloni, for alleged irregular migration encouragement, have further strained relations.
Adding to this, Premier Meloni has vocalized concerns over national security considerations influencing the al-Masri case. Through social media, she stressed that Italy must prioritize its national interests above all. This assertion echoes sentiments akin to those expressed by former Premier Silvio Berlusconi concerning Italy's intricate balance of power and politics.