Brussels (Brussels Morning Newspaper) – On February 11, 2025, MEPs debated on protecting international law and discussed the investigation Italian PM Meloni is under for releasing the wanted Libyan chief of judiciary police known as Almasri.
During the plenary session in Strasbourg on Feb. 11, MEPs discussed the protection of the system of international justice, focusing on the International Criminal Court (ICC) and the International Court of Justice (ICJ).
The debate, requested by the Left Group, centered on EU and member states’ commitment to international justice’s institutions, also in light of Trump’s recent challenges to their authority. Italian MEPs also insisted on the Almasri case, for which Italy’s Prime Minister is now under investigation.
The Almasri case, in short
Prime Minister of Italy Giorgia Meloni is under investigation for the release of Osama Najim, also known as Almasri, Libyan chief of judiciary police wanted by the ICC, together with Italian Minister of Justice Carlo Nordio, Interior Minister Matteo Piantedosi and Alfredo Mantovano, under secretary of state for intelligence affairs.
On Jan. 19, 2025, Almasri was arrested in Turin for crimes against humanity following the ICC arrest warrant, but he was then released and sent back to Libya two days later. On Jan. 29, Meloni announced on her social media the investigation by Rome prosecutor Francesco Lo Voi on how her government handled the case.
“The ICC arrest warrant didn’t go through the Italian Ministry of Justice, as the law requires, so the Rome Court of Appeals decided not to proceed with its validation. At that point, with such an individual on Italian territory, rather than set him free, we decide to deport him immediately for security reasons.”
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On Feb. 5, 2025, Piantedosi and Nordio reported to the Italian House and Senate on the case and attempted to clarify what happened.
Minister of Interns Piantedosi categorically excluded that the release had anything to do with blackmail or political pressure from Libyan authorities. However later on, MP Giovanni Donzelli, one of the highest members of Brothers of Italy, commented that he’s glad for the safety of Italians in Libya “because there could have been repercussions.”
MP Donzelli and Minister of Justice Nordio agreed that Almasri’s repatriation had to do with the ICC. The Court’s documents were sent in English only – and so it takes longer to read them, explained Nordio – and contained typos on relevant information, such as the years during which Almasri is accused of violating international law.
Elly Shlein, leader of the Democratic Party, accused Meloni and the Ministers of hiding behind procedural technicalities to avoid taking responsibility for their political choice. Shelin also pointed out some inconsistencies, such as, she asked, how is it that the documents were harder to understand because in English, but at the same time the Minister was able to notice typos?
The main opposition parties also requested a motion of no confidence for Minister of Justice Nordio.
Italian MEPs on opposite fronts
Italian MEPs brought two different perspectives to the table.
Those from the progressive and left groups highlighted how the Italian government disregarded an ICC arrest warrant and therefore betrayed the Rome Statute – which is the ICC’s founding statue – and denied all responsibility for their political choice to release Almasri.
Gaetano Pedullà, MEP from the Left group and the Italian Five Stars Movement, told Brussels Morning that the ICC has no responsibilities on the release, and claimed that the conflicting statements provided by Italian government members highlight how the issue relies on Italy’s side.
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On the other hand Alessandro Ciriani, Italian MEP member of Meloni’s party Brothers of Italy, claimed that the ICC warrant was invalid, and that’s why it was impossible to proceed with the arrest. He talked about attempts of political manipulation by the ICC and added that it is “ridiculous” to speak of Meloni this way.
“Let’s not use the court for political purposes. Seeking to discredit the Italian government with these kinds of accusations will only weaken the sovereignty of Italy.”
As of now the Italian government hasn’t yet provided a detailed and unanimous explanation of what led to Almasri’s release, so oppositions suggest blackmailing from Libyan authorities.
MEP Pedullà told Brussels Morning that this hypothesis, which hasn’t been confirmed, relies both on “opaque” bilateral agreements that Italy holds with Libya and on ENI’s (Italian national provider of energy and gas) activity in the country. The MEP therefore insisted that Meloni’s government should report to the Italian Parliament and public opinion on these points.
EU commitment to international law
Both representatives for the EU Council and the Commission spoke during the plenary session and reaffirmed their commitment to respect international law and its institution, specifically the ICC and ICJ.
Commissioner McGrath highlighted the Commission’s support to international law specifically in light of Trump’s recent attacks on the International Criminal Court (ICC). The US President accused the ICC of “targeting” Israeli PM Netanyahu and unfairly using its powers against two countries, the United States and Israel, that don’t recognize its jurisdiction. Within the EU however, all member states do.
“The defence of the rule of law depends on our collective action. We will continue to use the tools at our disposal to protect the ICC. In protecting these institutions, we protect our future.”