ROME — Human rights organizations expressed their disbelief and frustration on Wednesday following Italy’s decision to release a Libyan warlord based on a procedural error. This occurred after the warlord was arrested under an International Criminal Court (ICC) warrant charging him with serious war crimes and crimes against humanity.
In response, the ICC issued a measured statement while also hinting at its dissatisfaction. The court reminded Italy of its obligation to fully cooperate with ICC proceedings and expressed its anticipation of detailed information regarding Italy’s actions in this case.
The controversy erupted after the Italian government allowed Ossama Anjiem, also known by the alias Ossama al-Masri, to return to Libya on Tuesday. Al-Masri is the head of the Tripoli branch of the Reform and Rehabilitation Institution, a facility notorious for its association with the Special Defense Force, a group backed by the Libyan government.
Al-Masri was detained on Sunday in Turin after attending a soccer match between Juventus and Milan the previous night. The ICC’s warrant for his arrest, issued on the preceding day, details a series of heinous crimes allegedly committed at the Mitiga prison in Libya from 2015 onwards, which could lead to a life sentence.
According to the ICC, the charges against him include murder, torture, sexual violence, and rape. Prior to his arrest, the ICC had forwarded the warrant to member states, including Italy, and had also provided real-time updates indicating that al-Masri had entered Europe. They had reminded Italy to communicate swiftly if any difficulties arose regarding his detention.
However, the Italian court of appeals decided to release him on Tuesday, citing a procedural error during his arrest. The ruling indicated that Justice Minister Carlo Nordio should have received prior notification, as the ministry handles all correspondence with the ICC. The ICC stated it had not received any prior notification of the court’s decision, as required, and it sought clarification from Italian authorities on the actions taken.
Upon his return to Tripoli late Tuesday, al-Masri was greeted at Mitiga airport by enthusiastic supporters. Local reports described scenes of celebration, with videos surfacing online showing groups of young men chanting and hoisting al-Masri in triumph.
“This decision is a significant setback for victims, survivors, and the pursuit of international justice, representing a missed opportunity to address the cycle of impunity rampant in Libya,” commented Esther Major, deputy director for Europe at Amnesty International.
During a Senate briefing on Wednesday, Minister Nordio faced intense questioning from opposition members who were outraged and pressed for clarity about the developments. Former Prime Minister Matteo Renzi accused the ruling government of hypocrisy, especially in light of its declared campaign against human trafficking.
He said, “It’s one thing to preach against traffickers, but when you have a trafficker identified by the International Criminal Court as a dangerous criminal, it seems you instead send him back home aboard an Italian secret services plane.” Renzi described this as either an indication of madness or a portrait of a hypocritical government.
The Democratic Party demanded that Prime Minister Giorgia Meloni provide a detailed account to parliament concerning this case, citing serious concerns about the known abuses in Libyan detention facilities linked to al-Masri. Nordio did not offer a response.
Italy maintains strong connections with the internationally recognized government in Tripoli, which it relies upon to control maritime migration. A potential trial for al-Masri at the ICC might draw negative scrutiny towards Italy’s migration strategies and its financial support for the Libyan coast guard, which is responsible for preventing migrants from embarking on perilous journeys across the sea.
Human rights organizations have extensively documented severe abuses occurring in Libyan detention centers, accusing Italy of complicity in these violations. Two humanitarian organizations, Mediterranea Saving Humans and Refugees in Libya, expressed their disbelief at Italy’s decision to allow al-Masri to go free.
David Yambio, a 27-year-old South Sudanese national who claims to have suffered abuse at the hands of al-Masri while detained at Mitiga prison in 2019-2020, expressed feelings of betrayal by Italy. Having escaped from Mitiga and reached Italy via a smuggler’s boat in 2022, Yambio initially felt a sense of fleeting justice upon hearing of al-Masri’s arrest. “Those who suffered before me, the Libyans who are victims of his actions, were also looking forward to this moment,” he reflected, stating that the fleeting sense of justice was extinguished almost immediately.
Conversely, Tarik Lamloum, an activist from the Belaady Organization for Human Rights, which focuses on the plight of migrants, stated that the release of al-Masri was anticipated. He emphasized that the armed groups operating in Libya have significant influence, particularly over migration routes to Europe.
“Militias in Tripoli can exert pressure on Italy because they control the migration issue,” he explained. These militias, part of the official state forces in Libya, are tasked with intercepting migrants at sea and manage detention centers where abuses of human rights are rampant. Consequently, these armed groups often benefit from financial support from the European Union intended to curb the flow of migrants to Europe.
The European Commission reaffirmed its commitment to ensuring that all EU member states cooperate with the ICC. Anouar El Anouni, a spokesperson for the EU Commission, emphasized the importance of respecting the court’s impartiality and reiterated the EU’s dedication to international criminal justice and combating impunity. During a recent summit, EU leaders pledged to ensure full cooperation with the ICC, including the rapid execution of any outstanding arrests.
