Italian Prime Minister Giorgia Meloni is under investigation following her government’s decision to release a Libyan police officer wanted by the International Criminal Court (ICC).
WHO IS THE LIBYAN OFFICER AT THE CENTER OF THE CONTROVERSY?
Osama Elmasry Njeem, a brigadier general in Libya’s Judicial Police, is accused by the ICC of overseeing Tripoli prisons. In a statement on January 22, the ICC alleged that Njeem was responsible for “crimes against humanity and war crimes, including murder, torture, rape, and sexual violence, allegedly committed in Libya from February 2015 onwards.” Many of his alleged victims were believed to be migrants.
The ICC also stated that Njeem was assisted by the Special Deterrence Force, one of the primary armed factions in Tripoli.
Njeem has not publicly responded to the allegations against him.
WHY WAS HE ARRESTED IN ITALY?
According to ICC documents, prosecutors requested a sealed arrest warrant on October 2, 2024, which judges granted on January 18. At that time, Njeem was in Italy, attending a soccer match between Juventus and AC Milan. He had also traveled through Germany, France, and Belgium in the two weeks prior.
Once the ICC alerted Italian authorities, Njeem was taken into custody at his hotel in Turin early on January 19.
WHY DID ITALY RELEASE HIM?
The Italian government abruptly freed Njeem on January 21, citing procedural grounds, stating that the police who arrested him had failed to notify the justice ministry. However, a legal source told Reuters that this was merely a technicality that could have been easily resolved.
Following his release, Njeem was placed on a government jet and flown back to Tripoli. Interior Minister Matteo Piantedosi defended the decision, saying it was due to his “social dangerousness.”
Critics, however, argue that Italy released Njeem to maintain good relations with Libyan security forces, which play a crucial role in controlling migrant flows. The government has denied these claims.
WHO AUTHORIZED HIS RELEASE?
Interior Minister Piantedosi stated last week that Rome’s appeals court ordered Njeem’s release because his arrest did not fully comply with procedures. However, such a decision would have been unlikely without government approval.
Meloni herself was in Washington for U.S. President Donald Trump’s January 20 inauguration while the case was under review, and there is no evidence that she was directly involved in the decision.
WHY DID ROME PROSECUTORS INTERVENE?
A Rome-based lawyer, Luigi Li Gotti, filed a brief complaint last week requesting an investigation into potential favoritism toward Njeem and the alleged misuse of public funds for his deportation.
He named Meloni, Piantedosi, Justice Minister Carlo Nordio, and cabinet undersecretary for intelligence, Alfredo Mantovano. While he did not provide direct evidence of wrongdoing, he included press reports on the case.
Under Italian law, prosecutors typically open an inquiry in response to such requests unless they find the claims to be clearly unfounded.
WHY IS THE GOVERNMENT ANGRY?
Ministers argue that the investigation was unnecessary. Supporters of Meloni have accused Rome’s chief prosecutor of politicizing the issue, linking it to a wider conflict between the judiciary and the government over proposed judicial reforms aimed at overhauling Italy’s legal system.
WHAT HAPPENS NEXT?
The case has now been handed over to the Court of Ministers, where judges are randomly selected to handle cases involving government officials. These judges have the authority to question ministers, request government documents, and conduct further investigations.
The court has 90 days to issue its findings. It may either dismiss the case or return it to prosecutors with a recommendation to proceed.
If prosecutors eventually push for a trial, the Italian parliament would need to vote on whether to allow it. Given Meloni’s strong majority in both houses, a trial appears unlikely.
