Italy’s Failure to Cooperate in the Almasri Case before the International Criminal Court
April 20th, 2026
The new article “Italy’s Failure to Cooperate in the Almasri Case before the International Criminal Court: Between International Obligations and Responsibility for Crimes against Migrants in Libya” [La mancata cooperazione dell’Italia nel caso Almasri davanti alla Corte penale internazionale: tra obblighi internazionali e responsabilità per crimini contro i migranti in Libia], written in Italian, by Chantal Meloni and Maria Crippa, has been published in Issue No. 1, 2026 of the journal Diritto, Immigrazione e Cittadinanza.
The paper examines the decision of 17 October 2025 by Pre-Trial Chamber I of the International Criminal Court, which found that Italy had violated its cooperation obligations under the Rome Statute following its failure to surrender Osama Elmasry Njeem (Almasri), wanted for international crimes, resulting in his release and return to Libya. The article reconstructs the events of the case and situates them within the broader context of ICC investigations in Libya, with particular attention to crimes committed against detainees, migrants, and refugees. It also analyzes the legal implications of the Italian authorities’ decision, from the interpretation of Cooperation Law No. 237/2012 to domestic consequences, including the involvement of the Tribunal of Ministers and the refusal to authorize proceedings against members of the government. Finally, the paper addresses Italy’s international responsibility, ongoing proceedings before the European Court of Human Rights, and possible forms of European complicity with unlawful policies pursued by Libyan authorities, offering a thorough reflection on the tensions between international obligations and national practices.
For more information and to read the article, click here.