The International Criminal Court (ICC) announced the publication of Italy’s response regarding the non-surrender of accused Osama Njeim, following his arrest and deportation to Libya. The Court stressed that this decision was politically motivated and constituted a blatant violation of international laws.
The Court reported that Italy justified Njeim’s deportation by citing its exercise of independent judicial powers, where he was released by a decision from the Rome Court of Appeal due to what were described as “alleged procedural errors” during his apprehension.
The ICC indicated that the Italian Minister of Justice was unable to rectify these errors due to inconsistencies that marred the extradition request submitted by the Court.
The Court further stated that the Italian Minister of Interior issued a deportation order for Njeim, deeming it the “fastest” measure to ensure national security, despite its contradiction with Italy’s international obligations.
The Court maintained that internal lack of coordination or local legal impediments no longer constitute a legally acceptable justification for failing to execute an extradition request.
The Court noted that Italy failed to implement the request for Njeim’s arrest and surrender under Article 92 of the Rome Statute, and also failed to act on the request for search and seizure of materials related to the case. It affirmed that the Ministry of Justice had the authority to rectify the procedural errors and dispatch the necessary documents to the Prosecutor.
The Court also highlighted Italy’s disregard for communication with it and attempts to inquire about the status of the request, deeming this disregard a subversion of international cooperation principles and a serious failure to comply with laws.
The Court reported that Njeim’s transfer to Libya occurred via an Italian government aircraft and before the issuance of the expulsion order, and without consulting either the Italian Public Prosecutor’s Office or the Office of the International Prosecutor, which confirms that the decision was political and in violation of the law.
Finally, the Court called for the case to be referred to the United Nations Security Council to take necessary measures against Italy, holding it accountable for its failure to uphold its international obligations.