On 21 October, the International Criminal Court (ICC) ruled that Italy failed to properly execute a request to arrest and surrender Osama Najim, aka Al-Masri, while he was on Italian soil, in violation of Rome’s obligations under the Court’s statute. The Court added that Italian authorities offered no valid legal justification for transferring the Libyan national to Libya without consulting the ICC or correcting alleged procedural flaws in the arrest, thus de facto obstructing the Court’s ability to exercise its powers. The Chamber asked Italy to provide details of any domestic proceedings and to explain how these might affect future cooperation with the ICC by 31 October, or else the ICC would have the right to refer the matter to the UN General Assembly or the Security Council.
On 2 November, international media reported Italy’s reply. In an official letter from the Italian ambassador to the Netherlands, the Rome government affirmed its desire to improve communication and coordination among state institutions, particularly concerning arrest and surrender requests, while also considering amendments to the law regulating judicial cooperation with the Court. The government also noted that the Italian judiciary may raise the issue of jurisdictional conflict before the Constitutional Court, while the public prosecutor has launched a secondary investigation involving a senior official at the Ministry of Justice.
On 30 October, the Office of the ICC Prosecutor Karim Khan announced that he will provide a comprehensive briefing to the UN Security Council in November on the latest political and legal developments in Libya. The ICC office also noted that any inquiries regarding the execution of arrest warrants against Libyan suspects fall under the responsibility of the Court’s Public Affairs Unit.