29 January 2025: War Crime suspect Osama Najeem released by Italy and returned to Tripoli
This week we look at Italy's controversial release of ICC-wanted Osama Najeem, as well as the appointment of a new SRSG to Libya and fresh blockades disrupting oil exports from the Oil Crescent.
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War Crime suspect Osama Najeem released by Italy and returned to Tripoli
Incident: On 21 January in the evening, Osama Najeem (aka al-Masri) was released by the Italian authorities and flown back to Tripoli on board a business jet belonging to the Italian government. He was given a triumphant welcome by his supporters in Tripoli-Mitiga.
The official reason given was that the Rome Court of Appeal had ordered the release of Najeem and his return to Libya based on a technicality. The court ruled that the warrant for Najeem's arrest was improperly validated because the Turin-based branch of the General Investigations and Special Operations Division (DIGOS - Divisione Investigazioni Generali e Operazioni Speciali, belongs to the Polizia di Stato / State Police) failed to notify the Ministry of Justice prior to his arrest, constituting a procedural error. The Minister of Justice, Carlo Nordio, should have been informed in advance, since the Ministry of Justice handles all relations with the International Criminal Court (ICC). Najeem was released without prior notice or consultation with the ICC.
On 22 January, the ICC reminded Italy of its obligation to fully cooperate with the Court and its prosecutions. The Court asked Rome for information about what exactly had happened and on what the Italian authorities had done. According to the ICC, Najeem is accused of murder, rape and sexual violence, and torture. The alleged crimes were committed against detainees because of their religion, perceived immoral or un-Islamic behaviour, or alleged support for or affiliation with other armed groups.
Several Italian opposition lawmakers and human rights organizations heavily criticized the release. Nordio was questioned about Najeem's release during a previously scheduled appearance before the Senate. Opposition lawmakers from several parties demanded clarity. The Democratic Party called on Italian PM Giorgia Meloni to answer specifically in parliament about the case, saying it raised ‘serious questions’ given the known abuses in Libyan prisons of which Najeem is accused. They said it was crucial to understand why Najeem was released with such urgency despite the international arrest warrant, claiming the decision appeared to be political.
Italian MoI Matteo Piantedosi said that the reason for the swift repatriation of Najeem after his release was his profile of ‘social dangerousness’. Therefore, he adopted an expulsion order for reasons of state security.
On 23 January, Deputy PM and MoFA Antonio Tajani said to journalists, ‘The Hague is not the Gospel. It's not the Mouth of Truth.’ He stated that it is possible to have different opinions. Italy is not in check by anyone. It is a sovereign country and carries out its policy.
On 25 January, PM Meloni demanded clarification from the ICC about why it took months to issue this arrest warrant at a time when Najeem crossed three European countries. She stressed that Najeem was released on the basis of a decision by the Court of Appeal in Rome, not by the government. She also explained that the use of a government plane to return him to Tripoli was due to the fact that he was considered dangerous, which precluded his return on a commercial flight.
On the same day, UNSMIL said it was alarmed over the gravity of crimes listed in the ICC arrest warrant against Osama Najeem. As the accused was sent back to Libya, UNSMIL called on Libyan authorities to arrest him and initiate an investigation into these crimes with a view to ensuring full accountability, or to transfer him to the ICC.
Comment: According to the ICC, the sealed arrest warrant for Najeem over war crimes accusations was sent on 18 January to member states, including Italy, with real-time information that he had entered Europe. On 19 January, the Italian authorities arrested him in Turin acting on this warrant in a hotel in Turin after he attended a football match the night before. The arrest was praised by Amnesty International and several Libyan human rights organizations.
Najeem is the commander of the Judicial Police, which is closely linked to the Special Deterrence Force (Rada) which controls Mitiga airport and the notorious prison next to the airport in Tripoli. In the past, the Judicial Police often fought side by side with Abdurraof Kara’s Special Deterrence Force (Rada) against Mahmoud Hamza’s 444 Brigade, itself a Rada offshoot.
According to the ICC, Najeem is alleged to have been in charge of Mitiga prison in Tripoli, where thousands of persons were detained for prolonged periods, and is suspected of crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 onwards. The Chamber found that the crimes set out in the warrant were committed by Najeem personally, ordered by him, or with his assistance by members of the Special Deterrence Forces.
Significance: It is difficult to confirm with certainty what the reason was for the quick release of Osama Najeem, who is certainly not a key militia leader in Tripoli and is also not particularly close to PM Dabaiba or his family. The many rulings by Italian courts against the authorities and also against the Meloni government in connection with illegal migration make it seem rather unlikely that the Court of Appeal would do a ‘favour’ to the government. Nevertheless, the very rapid handling of the case and the immediate deportation on these grounds indicates that there was political pressure involved in some form.
A key element of this development is that the ICC and Interpol had not publicised that Najeem was on their wanted list, meaning other militia leaders will not know if they are wanted or not. As such, Libyan militia leaders currently or previously involved in war crimes and human rights abuses (which is likely a long list across western and eastern Libya) will probably now think twice before boarding a plane to Europe. Although Najeem was returned, and is unlikely to face prosecution in Libya, he would be very likely to face arrest if he leaves again. Whether such tactics will help to stop these actors carrying out abuses to begin with is another matter however.
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Fate of the current political framework hangs in the balance as Hanna Tetteh appointed as new SRSG
Incident: On 24 January, the United Nations Secretary-General António Guterres announced the appointment of Hanna Serwaa Tetteh of Ghana as his Special Representative for Libya and Head of the United Nations Support Mission in Libya (UNSMIL). He noted that Tetteh succeeds Abdoulaye Bathily of Senegal, who served as SRSG until May 2024, and said he is grateful for his leadership, as well as to Deputy SRSG, Stephanie Koury, who led the Mission in the interim period as Officer-in-Charge. Guterres noted that Tetteh brings to this position ‘decades of experience at the national, regional and international levels, including most recently as the Special Envoy of the SG for the Horn of Africa from 2022 until 2024.’
Protestors in the Oil Crescent temporarily halt loadings at Sidra and Ras Lanuf ports, demanding subsidiaries relocate to the region
Incident: On 28 January, in the morning, protestors in the Oil Crescent halted oil exports at Sidra and Ras Lanuf ports. The protestors threatened to expand the closures to Zueitina and Brega ports located further east in the Oil Crescent. They said that only internal work and refining operations are continuing. They are demanding the headquarters of the Waha, Zueitina, Harouge, Sarir, and Mabrouk subsidiary companies are moved to the Oil Crescent. Later on 28 January, the NOC confirmed that its oil operations ‘are continuous and naturally ongoing in all oil fields and ports, following communication with the protestors.
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Fate of the current political framework hangs in the balance as Hanna Tetteh appointed as new SRSG
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