Like all states parties to the Rome Statute of the International Criminal Court (ICC), Italy has the obligation to arrest individuals sought by the court. Recent developments, however, suggest Italian authorities are seeking to evade that obligation.
On January 19, Osama Elmasry, wanted by the ICC for war crimes and crimes against humanity in Libya, including against migrants, was arrested in Turin. But two days later, he was freed by Rome’s Court of Appeal on “procedural grounds” related to the arrest, and sent back to Libya aboard an Italian state aircraft. Ironically, the Italian government, which materially supports Libya’s coastguard despite risk of complicity in serious abuses against migrants and asylum seekers, claimed releasing Elmasry was necessary because he “presented a profile of social dangerousness.” Italian authorities have now opened an investigation into Prime Minister Giorgia Meloni, and others of her government, over the return of Elmasry to Libya.
There’s still a chance for justice. With Elmasry back in Libya, Libyan authorities should arrest and surrender him to the ICC.
But the ordeal has struck yet another blow to the credibility of the Italian government’s commitment to international justice.
A few days before Elmasry’s release, Italy’s foreign minister, Antonio Tajani, announced that Italy would not enforce the ICC arrest warrants against Israel’s Prime Minister Benjamin Netanyahu, wanted for war crimes and crimes against humanity in Gaza. Tajani claimed that, as a sitting prime minister, Netanyahu enjoys immunity. But the ICC has been clear: there is no such immunity before the court. ICC states parties have an obligation to arrest, whether or not someone is a sitting head of government. Italy appears to accept that obligation when it comes to Russia’s President Vladimir Putin, also wanted by the ICC. When asked to clarify, Tajani simply said Putin would never come to Italy.
In May 2024, Tajani criticized the ICC Prosecutor’s request for arrest warrants against Netanyahu and Israel’s former Defense Minister Yoav Gallant, and reiterated his criticism when the court issued the warrants in November. He has also consistently denied that Israel has committed war crimes in Gaza, despite overwhelming evidence documented by multiple organizations, including Human Rights Watch and United Nations bodies. Italy is also among the countries opposing a slate of European Union measures to hold Israeli authorities accountable for serious abuses.
By shielding alleged war criminals like Netanyahu and Elmasry from accountability, the Italian government flouts its obligations under the Rome Statute and tarnishes its international credibility. It also sends a chilling message to victims of the most heinous crimes that justice can be selectively denied when political interests take precedence.