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ICC Rules Italy Violated Cooperation Duties in Almasri Case

Judges deferred any referral, setting an October 31 deadline for Rome to outline relevant domestic proceedings.

Overview

  • The International Criminal Court's Preliminary Chamber I found that Italy failed to correctly execute the arrest and surrender request for Libyan General Njeem Osama Almasri.
  • By majority, the Chamber postponed deciding whether to refer Italy to the Assembly of States Parties or the United Nations Security Council.
  • The court ordered the Italian government to submit by October 31 information on any pertinent domestic proceedings and their effect on cooperation with the ICC.
  • The judges said Italy did not act with due diligence or use all reasonable means and rejected domestic law as a justification for non-cooperation.
  • One judge dissented on the decision to grant additional time, while the ruling noted Italy's immediate transfer of Almasri to Libya without prior consultation with the Court.