ROME – On Wednesday, human rights organizations expressed their indignation after Italy permitted the release of a Libyan warlord due to a procedural technicality. This warlord was facing accusations from the International Criminal Court (ICC) regarding heinous war crimes and acts against humanity.
The ICC, located in The Hague, while maintaining a diplomatic stance, communicated its discontent clearly. In a firm statement released later on Wednesday, the ICC reminded the Italian government of its obligations to “cooperate fully” in ongoing prosecutions and noted that it was still waiting for detailed information regarding Rome’s actions in this case.
The Italian government had announced the release of Ossama Anjiem, also known as Ossama al-Masri, who leads the Tripoli sector of the Reform and Rehabilitation Institution, a notorious establishment affiliated with the government-backed Special Defense Force. Al-Masri’s arrest occurred on a Sunday in Turin, where he was reportedly attending the Juventus versus Milan soccer match the previous evening. The ICC’s warrant, which was issued just one day prior, attributed various war crimes and crimes against humanity to al-Masri, all linked to his activities in the Mitiga prison in Libya dating back to 2015, with potential life sentences for the crimes noted.
The ICC outlined serious allegations against al-Masri, including murder, torture, rape, and sexual violence. They indicated that the warrant had been dispatched to member states, including Italy, the day after al-Masri’s entry into Europe. Upon tracking his entry, the ICC had urged Italy to contact the court immediately should any complications arise in relation to the warrant.
However, the court of appeals in Rome issued a ruling that led to al-Masri’s release on Tuesday, citing a procedural error that mandated prior notification to Justice Minister Carlo Nordio, who oversees all ICC interactions. The ICC pointed out that it was not informed prior to the court’s decision, as required, and stated that it was awaiting verification from Italian authorities about the situation.
Following his release, al-Masri was flown back to Tripoli via an aircraft operated by the Italian secret services, where he was greeted by supporters celebrating his return. Social media footage showed a large crowd of young men chanting in jubilation and carrying al-Masri on their shoulders at Mitiga airport.
Esther Major, the deputy director of research for Europe at Amnesty International, described the decision as a significant setback for victims and survivors, undermining international justice and providing a missed opportunity to address the cycle of impunity in Libya.
On Wednesday, Justice Minister Carlo Nordio faced intense questioning from furious opposition lawmakers during a scheduled Senate briefing. They sought clarification regarding the incident. Former Prime Minister Matteo Renzi criticized the right-wing government’s apparent hypocrisy, especially considering its proclaimed efforts against human trafficking. He remarked, “You brought him [al-Masri] home to Libya with a plane of the Italian secret services. Either you’ve gone crazy or this is the image of a hypocritical, indecent government.”
The Democratic Party called for Prime Minister Giorgia Meloni to directly address parliament concerning the matter, highlighting the serious concerns raised by al-Masri’s alleged abuses in Libyan detention facilities. Nordio did not offer a response to these demands.
Italy maintains close ties with Libya’s internationally recognized government, relying on them to patrol its maritime boundaries and curtail migrant departures. Any potential trial for al-Masri at The Hague might draw unwelcome scrutiny onto Italy’s migration strategies and its support for the Libyan coast guard, which Italy has financed to manage migrant outflows.
Human rights organizations have reported serious human rights violations in Libyan detention centers used for migrants, alleging that Italy bears complicity in these mistreatments. Two humanitarian organizations, Mediterranea Saving Humans and Refugees in Libya, expressed disbelief at Italy’s decision to let al-Masri go free.
David Yambio, a 27-year-old South Sudanese man who claims he was abused by al-Masri during his detention at Mitiga prison from 2019 to 2020, expressed feelings of betrayal by Italy’s actions. Having escaped from that prison and reached Italy in 2022 via a smuggler’s boat, Yambio had felt a brief sense of justice upon learning of al-Masri’s arrest. “But when it came, it was immediately extinguished hours before it could even truly be felt in our hearts,” he lamented.
Conversely, Tarik Lamloum, a Libyan activist associated with the Belaady Organization for Human Rights, which advocates for migrants in Libya, remarked that Italy’s decision to release al-Masri was anticipated. He stated that this incident underscores the influence of militias that are pivotal in regulating the migrant situation headed for Europe from Libyan ports.
Militias in western Libya are integrated into state forces tasked with intercepting migrants at sea, including the EU-trained coast guard, and they manage state-run detention facilities where migrants frequently face abuse. Consequently, these militias, some led by warlords under UN sanctions for their actions, receive significant funding from the European Union aimed at curtailing migration flows to Europe.
Anouar El Anouni, a spokesperson for the European Commission, reiterated that all EU member states have committed to cooperating with the ICC, stating, “We respect the court’s impartiality and we are fully attached to international criminal justice to combat impunity.” The commitment was reaffirmed during a 2023 EU summit where leaders underscored the importance of quickly executing any pending arrests.
