ROME — On Wednesday, human rights organizations and members of the opposition in Italy expressed their indignation following the release of a Libyan warlord due to procedural issues. This individual had been detained under an International Criminal Court (ICC) warrant on allegations of war crimes and crimes against humanity.
Justice Minister Carlo Nordio faced intense scrutiny regarding the decision to release Ossama Anjiem, also known as Ossama al-Masri. He leads the Tripoli division of the Reform and Rehabilitation Institution, infamous for its connection to the government-supported Special Defense Force that operates a network of detention centers. When pressed about Italy’s obligations to uphold international justice, Nordio opted not to provide details or reassurance.
Esther Major, Deputy Director of Research for Europe at Amnesty International, stated, “This is a devastating blow to victims, survivors, and the international justice system, making it a lost chance to disrupt the cycle of impunity in Libya.” The ICC’s warrant against al-Masri, dated January 18, cites serious crimes in Mitiga prison, Libya. If convicted, he could face a life sentence.
Al-Masri was apprehended in Turin on Sunday after reportedly attending a Juventus-Milan football match the previous night. However, on Tuesday, the court of appeals in Rome ordered his release, stating that a procedural error had occurred during his arrest. The ruling emphasized that the Justice Minister should have been notified beforehand, as they manage relations with the court based in The Hague.
Upon his return to Libya late Tuesday, al-Masri was greeted at Mitiga airport by supporters celebrating his freedom. Footage shared across social media platforms showed large groups cheering and even carrying al-Masri in jubilation.
Various opposition lawmakers expressed their fury over the incident, with former Prime Minister Matteo Renzi accusing the right-wing government of hypocrisy, particularly given its declared aim to clamp down on human trafficking. “When a trafficker flagged by the ICC lands on your desk, you do not escort him back to Libya using a plane from the Italian secret services,” Renzi of the Italia Viva party asserted. “This situation either reflects insanity or illustrates a hypocritical, disgraceful government.”
The Democratic Party insisted that Prime Minister Giorgia Meloni must clarify the situation in parliament, citing “serious concerns” regarding reported abuses within Libyan prisons where al-Masri is implicated. Italy’s close relationships with the internationally acknowledged Libyan government mean any potential trial in The Hague could expose Italy’s contentious migration policies and its support for the Libyan coast guard, which Italy has financed to deter migrants from attempting to cross the sea.
Human rights advocates have highlighted severe mistreatment of migrants confined in Libyan detention centers and have accused Italy of complicity in these human rights abuses. “It’s crucial to comprehend why al-Masri was present in Italy and why he was released with such haste, contrary to the international arrest warrant,” emphasized Paolo Ciani, a Democratic lawmaker, suggesting that the decision was politically motivated.
Another senator pointed out that the plane sent to bring al-Masri back had arrived in Turin even before the court rendered its decision, hinting that the choice to repatriate him had perhaps already been made by Meloni’s office, which overseen the Italian secret services.
Two humanitarian organizations, Mediterranea Saving Humans and Refugees in Libya, expressed their disbelief at Italy’s decision to free al-Masri, highlighting the hope that survivors had for justice and the prevention of further criminal acts. They lamented the recent developments as shameful and brazenly executed.
Conversely, Tarik Lamloum, a Libyan activist with the Belaady Organization for Human Rights, noted that al-Masri’s release was anticipated, emphasizing the influence that militias have over migration routes to Europe through Libya. “Tripoli militias have the leverage needed to exert pressure because they oversee the migrants’ situation,” he stated.
The militias in western Libya, which operate as part of the official forces responsible for intercepting migrants at sea, also manage government-run detention centers notorious for their mistreatment of migrants. They benefit significantly from EU funding aimed at curbing the migrant flow towards Europe.
Amnesty International urged Italy to immediately transfer al-Masri to the ICC, arguing that the procedural mishap during his arrest is not a valid justification for failing to meet its obligations as an ICC member state. “The shortcomings in the procedures followed by Italian authorities don’t excuse them from their international commitments,” they asserted.
The ICC prosecutor’s office has not yet commented on the situation, while a European Commission spokesperson reiterated the commitment of EU member states to cooperate with the court. “We uphold the court’s impartiality and are dedicated to advancing international criminal justice to combat impunity,” stated EU commission spokesperson Anouar El Anouni, underlining an EU pledge from a summit in 2023 to fully support the court, including executing any outstanding warrants promptly.
