The ICC Pre-Trial Chamber Refers Italy to the Assembly of States Parties for Failure to Cooperate in the Almasri Case
February 23rd, 2026
In the article “La Camera preliminare della Corte penale internazionale ha deferito l’Italia all’Assemblea degli Stati parte per la mancata cooperazione nel caso Almasri” [The ICC Pre-Trial Chamber Refers Italy to the Assembly of States Parties for Failure to Cooperate in the Almasri Case], published in Sistema Penale, Chantal Meloni reviews the decision of 26 January 2026 by Pre-Trial Chamber I of the International Criminal Court, which referred Italy to the Assembly of States Parties for failure to cooperate in the case of Osama Almasri Njeem.
The decision stems from Almasri’s arrest in Turin in January 2025, carried out pursuant to an ICC arrest warrant for war crimes and crimes against humanity committed in Libya, and from his subsequent release and transfer back to Tripoli on an Italian state aircraft, which took place without the Court’s involvement.
The referral constitutes the conclusion of the proceedings initiated under Article 87(7) of the Rome Statute and follows the finding of non-compliance issued in October 2025 for Italy’s failure to surrender the suspect to the Court. In particular, the Chamber rejected the justifications put forward by Italy, finding that its conduct prevented the effective exercise of the ICC’s jurisdiction.
As noted by the author, the decision must be viewed within the broader context of the growing difficulties surrounding States’ cooperation with the Court. It also highlights not only the persistent shortcomings of the Italian legal framework in implementing the Rome Statute, but also the urgency of legislative reform aimed at ensuring effective cooperation with the ICC.
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