The UN has called on authorities in Libya to rearrest a war crimes suspect who was released in Italy last week. A warrant for the arrest of Al Masri was isued by the International Criminal Court on January 18. He is accused of crimes against humanity.
A Libyan suspect, wanted by the International Criminal Court has been in the headlines for over a week now. Libyan Najeem Osama al-Masri (also referred to as Osama Najim or Almasri, ed. note) was named by the International Criminal Court and is suspected of crimes against humanity.
In a statement, the International Criminal Court (ICC) said that it issued a warrant of arrest for Al-Masri on January 18 and submitted a request to carry out his arrest in six countries, including Italy. To track down the high-profile suspect, the ICC conveyed "real-time information" about the movements of Al-Masri across the European Schengen zone. Additionally, the Court requested INTERPOL to issue a Red Notice, a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
On January 19, the Italian police duly closed in on him. In the early morning of Sunday (January 19), Al-Masri, a high-ranking Libyan prison official, was arrested at a hotel in Turin, northern Italy where he had reportedly watched a football game. But two days later, Al-Masri was on his way back to his country on board a plane emblazoned with an Italian flag.
UN calls for rearrest
Now the UN Support Mission in Libya (UNSMIL) has called on authorities in Tripoli to rearrest Al Masri, reported the French news agency Agence France Presse (AFP).
The head of the Libyan judicial police is wanted on charges including murder, rape, sexual violence and torture, allegedly committed since 2015 in his role as head of Tripoli's Mitiga detention center, reported AFP.
"UNSMIL is alarmed by the gravity of the crimes listed in the ICC arrest warrant," added a statement from the UN Mission. The crimes include, continued the statement, "crimes against humanity and war crimes, including murder, rape, torture and sexual violence."
The mission continued its statement, saying, "as the accused was sent back to Libya, we call on the Libyan authorities to arrest him and initiate an investigation into these crimes with a view to ensuring full accountability, or to transfer him to the ICC, consistent with the UN Security Council referral of the Libyan situation to the ICC."
Italy criticized
Italy is facing criticism following its release of Al-Masri.
According to the Italian authorities, Al-Masri was released on a technicality. Italian security forces were reported to have arrested Al-Masri before an official request had been made, invalidating the arrest itself.
Italy's Interior Minister Matteo Piantedosi defended Italy's decision to fly Al-Masri back to Libya, saying he had been released for "urgent security reasons," reported AFP.
After the arrest was made on Sunday, the ICC said that it deliberately refrained from publicly commenting on the arrest of the suspect, "at the request of, and acting out of full respect for, the Italian authorities."
Al-Masri was reported to be held in custody pending the completion of the domestic proceedings related to his arrest and surrender to the court.
"On January 21, 2025, without prior notice or consultation with the court, Mr Osama Elmasry Njeem was reportedly released from (Italian) custody and transported back to Libya. The court is seeking, and is yet to obtain, verification from the authorities on the steps reportedly taken," the ICC said in a statement on Wednesday (January 22).
Enraged and crushed hopes for justice
Court officials in The Hague are not the only ones enraged by Italy's release of the Libyan warlord.
The New York Times reported Italian Senator Matteo Renzi, a former prime minister, asking the Senate, "Am I the only one who thinks you have gone completely crazy? He was in jail and you brought him back home."
David Yambio, 27, co-founder of the NGO Refugees in Libya, is among those who provided testimony to the ICC about Al-Masri .
Speaking to the British newspaper The Guardian, Yambio said that Rome "has blood on its hands" for releasing Al-Masri and crushing his hopes for justice.
Yambio, was among those detained at the Mitiga prison in Tripoli. Yambio, who now lives in Italy, had made several attempts to enter Europe by crossing the Mediterranean. Many of these attempts were blocked by the Libyan Coast Guard under an agreement with Italy to conduct maritime patrols.
Who is Al-Masri and why is he so dangerous?
Al-Masri was in charge of the Tripoli branch of the Reform and Rehabilitation Institution, a notorious network of detention centers run by the government-backed Special Defense Force. Al-Masri was accused of committing, ordering, or assisting crimes against people imprisoned in the system since February 2015.
Some of Al-Masri's victims had been imprisoned for religious reasons, on suspicion of "immoral behavior" or homosexuality.
In an interview with an Italian state news agency, a witness claimed that As-Masri "takes migrants from the sea and brings them to the prison. Then they must pay to get out. He is a trafficker. He is the head [of a network, ed.]. Everyone knows him, all the migrants in Libya."
Italy-Libya partnership
Italy has close ties to the internationally recognized government in Tripoli. The two countries are divided by the Mediterranean Sea but the southern point of Italy provides a close landing point for people irregularly arriving in Europe.
Intercepting people setting sail for Italy by making irregular journeys in Libya's coastal waters and pulling them back dates from a series of cooperation agreements signed by Italy, the EU, and Libya in early 2017. The agreement included funds to train the Libyan coast guard and other authorities to stop migrants from crossing the Mediterranean.
Various reports of abuse include the Libyan Coast Guard reportedly firing at or near people on rickety boats or ramming into them causing them to capsize. According to data from the International Organization for Migration (IOM), the number of interceptions and forcible returns to Libya has increased to 20,839 in 2024 from 17,000 in 2023.
Detention conditions in Libya have been widely reported as inhumane, with migrants experiencing violence and the risk of being channeled into trafficking networks, or even ending up as victims of modern slavery.
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