New chapter in Italy-ICC row: Court investigates Meloni government over Libya deportation

Tensions between Italy and the International Criminal Court (ICC) have escalated after the court opened an investigation into whether Italy’s deportation of Libyan official Osama Najeem Almasri obstructed justice. The Italian government has rejected the investigation, questioning the ICC’s position and suggesting that the court itself should be investigated.

The Hague-based court launched the investigation into Italy’s deportation of Libyan judicial police chief Osama Najeem Almasri to Libya, despite an ICC arrest warrant being in place. According to Avvenire newspaper, the court stated that the deportation constituted an obstruction of justice under Article 70 of the Rome Statute.

The complaint submitted to the ICC Prosecutor’s Office names Prime Minister Giorgia Meloni, Justice Minister Carlo Nordio, and Interior Minister Matteo Piantedosi.

The case was brought by lawyers representing a Sudanese refugee who testified to international investigators in 2019 about the torture he, his wife, and their group endured while imprisoned in Libya under Almasri’s command. In the same year, the refugee also submitted a report containing extensive evidence accusing senior EU and Italian officials, including former prime ministers and ministers, of facilitating human rights violations in Libya.

The Italian government strongly criticized the ICC’s handling of the case. Deputy Prime Minister and Foreign Minister Antonio Tajani said, “I have serious reservations about the court’s behavior in this matter. Perhaps the ICC itself should be investigated to clarify its actions.”

Justice Minister Nordio, who was named in the complaint, downplayed the investigation, stating, “In this world, everyone investigates everything. We have faith in human justice.”

The government had previously challenged the legitimacy of the first ICC arrest warrant demanding that Italy arrest Almasri. According to Italy, the first arrest warrant was “invalid” due to alleged errors and inconsistencies. Meloni even questioned the ICC’s timing, stating that the warrant was “properly” issued upon Almasri’s entry into Italy, even though he had been in three other European countries for 12 days.