
In a letter addressed to the Italian Permanent Mission to the United Nations in Geneva, Alkarama strongly condemned the Italian authorities for allowing Osama Njeim al-Masri, head of the Judicial Police Authority in Libya and accused of crimes against humanity, to evade justice after being arrested pursuant to an International Criminal Court (ICC) warrant.
Osama Njeim, a senior commander of the Radaa Forces militia and director of Mitiga Prison, had traveled to Turin, Italy, to attend a football match and was staying at a hotel when the ICC requested his arrest. The Italian police initially detained him, but he was soon released and sent back to Tripoli at the Italian government’s expense, citing a procedural error in his arrest.
In this context, Alkarama’s Director, lawyer Rachid Mesli, stated: “Allowing a suspect accused of human rights crimes to escape accountability is a dangerous precedent and a blatant disregard for the Rome Statute of the ICC, which derives its name from the Italian capital.” He added: “Italy, as a State Party to the Statute, should be among the most committed to upholding this humanitarian legacy, which it has now abandoned.”
Mr. Mesli expressed his dismay at this outcome, emphasizing that “allowing a suspect accused of serious human rights violations to evade justice sends an encouraging message to perpetrators to continue their abuses. Simultaneously, it deeply disheartens victims and their families, represents a true setback for justice, and blatantly reinforces the culture of impunity.”
Arrest Warrant
Regarding Osama Njeim al-Masri, the ICC’s Pre-Trial Chamber I issued a warrant for his arrest on 18 January 2025, with a majority of its judges, in relation to the situation in Libya. Al-Masri is suspected of crimes against humanity and war crimes, including murder, torture, rape, and sexual violence, from February 2015 onward, during his supervision of prison facilities in Tripoli, where thousands were detained for prolonged periods.
The warrant specifies war crimes such as severe humiliation to human dignity under Article 8(2)(c)(2) of the Rome Statute, cruel treatment under Article 8(2)(c)(1), torture under Article 8(2)(c)(1), rape and sexual violence under Article 8(2)(e)(6), and murder under Article 8(2)(c)(1). It also lists crimes against humanity, including imprisonment under Article 7(1)(e), torture under Article 7(1)(f), rape and sexual violence under Article 7(1)(g), murder under Article 7(1)(a), and persecution under Article 7(1)(h), all of which were committed in Mitiga Prison from 15 February 2015 onward.
The Pre-Trial Chamber found that these crimes were committed personally by Osama Njeim al-Masri, on his orders, or with the assistance of members of the Special Deterrence Force (SDF/RADA).
According to the warrant, the crimes were committed in Mitiga Prison against individuals detained for religious reasons or suspected of affiliation with other groups.
On the same day, the ICC Registry, in consultation with the Office of the Prosecutor and under the supervision of the Pre-Trial Chamber, issued a request for the suspect’s arrest to six States Parties, including Italy. This request was transmitted through official channels after consultation and coordination to ensure proper implementation. The ICC also requested Interpol to issue a “red notice” for the suspect’s tracking.
In the early hours of Sunday, 19 January 2025, the suspect was located in Turin, Italy, and successfully arrested by the Italian authorities. He was held pending the completion of local legal procedures related to his arrest and transfer to the ICC.
At the request of the Italian authorities and out of respect for them, the ICC refrained from making any public statements about the arrest. Meanwhile, the ICC continued its coordination with the Italian authorities to ensure all necessary procedures were carried out in compliance with the Rome Statute.
On 21 January 2025, it was announced that Osama Njeim al-Masri had been released without prior notice or consultation with the ICC and had been returned to Libya, a matter the ICC is currently verifying through communication with the Italian authorities.
In a statement, the ICC reminded all States Parties of their obligation to fully cooperate with the Court in its investigations and prosecutions of crimes.
Alkarama's Activism
Alkarama has documented dozens of cases of torture, enforced disappearances, and arbitrary detention in Mitiga Prison, which is under the control of the Radaa Forces militia in Libya. It has submitted individual complaints to the UN Special Procedures, and UN experts have issued decisions in some cases, confirming the arbitrary nature of the detention and condemning the Radaa Forces militia.
For example, the case of Abdelhakim Embarek “Al Mecheri,” who regained his freedom after eight years of arbitrary detention in this notorious prison, was recognized by the UN Working Group on Arbitrary Detention (WGAD) in Opinion No. 62/2021. The Working Group found the detention of Libyan citizens Abdelhakim Embarek Mohamed Ali “Al Mecheri” and Suleiman Mohamed Salem Suleiman to be arbitrary.
This decision followed a complaint filed by Alkarama on 11 August 2021, in which UN experts expressed concern over widespread arbitrary detentions in Libya. They noted that “under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty may constitute crimes against humanity.”
In a related context, Libyan Member of Parliament Hassan Salem al-Farjani and his brother Mohamed Salem remain detained at the Mitiga Airport Base. Alkarama referred their case to the UN Working Group on Arbitrary Detention on 10 July 2024. They were arrested by the Radaa Special Forces militia.
Background
It should be noted that the situation in Libya was referred to the ICC Prosecutor by the UN Security Council under Resolution 1970 on 26 February 2011. On 3 March 2011, the Prosecutor announced the decision to open an investigation into the situation in Libya.
There are still seven outstanding arrest warrants in this context, including those for Abdul Rahim Khalifa Abdul Rahim al-Shakaki, Makhlouf Makhlouf Rahuma Duma, Nasser Mohamed Muftah Daw, Mohamed Mohamed al-Saleheen al-Salmi, Abdul Bari Ayad Ramadan al-Shakaki, Fathi Faraj Mohamed Salem al-Zankal, and Saif al-Islam Gaddafi.