Breaking Update: Osama Najim (Almasri) has been released from prison in Italy and returned to Libya after the Italian judiciary declined to approve his arrest on an ICC warrant. This decision is sparked a heated debate in Italy. www.rainews.it/articoli/202... - ThreadSky

skandergaland.bsky.social • 38 days ago

Breaking Update: Osama Najim (Almasri) has been released from prison in Italy and returned to Libya after the Italian judiciary declined to approve his arrest on an ICC warrant. This decision is sparked a heated debate in Italy. https://www.rainews.it/articoli/2025/01/torturatore-libico-al-masri-scarcerato-tripoli-opposizioni-contro-nordio-6b79a117-1345-4e47-ac49-178621482425.html

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skandergaland.bsky.social•38 days ago

According to Rai News, "Un errore procedurale avrebbe portato la Corte di Appello di Roma a disporre con ordinanza l'immediata scarcerazione dell'uomo." A procedural error led to the Court of Appeal in Rome ordering his immediate release.

skandergaland.bsky.social•38 days ago

The case raises concerns that political considerations, particularly Italy’s relationship with Libya, may have influenced the decision. Comments from Italy’s Ministry of Justice further complicate the situation. https://apnews.com/article/italy-libya-ossama-almasri-icc-arrest-hague-305b5eed193ef7774e6591d4f0a256fc

skandergaland.bsky.social•38 days ago

Minister Carlo Nordio stated he was "evaluating" whether to send the ICC's request for arrest and surrender to the General Prosecutor in Rome. This raised questions, as such a decision is not discretionary for Italy as a party to the Rome Statute.

skandergaland.bsky.social•38 days ago

What does the Rome Statute say?

Article 86: States Parties have a general obligation to cooperate fully with the ICC in investigations and prosecutions.

Article 89: States Parties shall comply with requests for arrest and surrender in accordance with national procedures.

skandergaland.bsky.social•38 days ago

Key point: While Article 89 acknowledges the use of national procedures, Article 88 makes clear that States Parties must ensure their national laws allow for cooperation with the ICC. National procedures cannot be invoked to refuse ICC cooperation.

skandergaland.bsky.social•38 days ago

Where was the procedural error?

Was it at the Ministry of Justice, the General Prosecutor in Rome, or the ICC Registry?

Article 91 outlines the required content of ICC requests for arrest and surrender. Based on the context, the error appears to be national, not ICC-related.

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