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ICC Prosecutor Seeks UN Referral Over Italy’s Return of Libyan General

The 14-page observations argue that Italy violated its Rome Statute duties by repatriating Osama Almasri without consulting the Court or presenting a Libyan arrest warrant.

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Overview

  • On June 28, Prosecutor Nazhat Shameem Khan filed detailed observations accusing Italy of impeding the ICC by failing to execute its arrest warrant for General Osama Almasri.
  • Italian authorities released Almasri from Turin custody and flew him to Tripoli on a state plane, where he was greeted by a cheering crowd.
  • The submission lacked any arrest warrant from Libya and bypassed mandatory consultations under Article 97 of the Rome Statute governing competing surrender requests.
  • The prosecutor calls for a formal finding of non-compliance and wants the case referred to the Assembly of States Parties or the UN Security Council.
  • NGO Mediterranea has urged Rome’s Tribunal of Ministers to investigate senior officials, including Justice Minister Carlo Nordio and Interior Minister Piantedosi, for alleged complicity in facilitating Almasri’s return.