International Criminal Court investigates Italy: failure to cooperate in arrest of Almasri, the Italian State under the magnifying glass of international justice

The International Criminal Court (ICC) has officially opened a file on Italy's alleged failure to comply with a request for cooperation in the arrest and handover of Libyan General Almasri, known for accusations of torture and crimes against migrants. The The case has been assigned to the ICC Pre-Trial Chamber, as confirmed by the Court's spokesperson, Fadi El Abdallah., who clarified that "This proceeding is not about individual liability or accusations against specific individuals." However, the proceedings remain open and Italy will have the opportunity to submit observations to explain his position.

In the meantime, several victims of Almasri have undertaken legal actions against the Italian government. According to the lawyer Juan Branco, lawyer of the Sudanese refugee who filed the complaint with the ICC, «Meloni is in a delicate position: either the Italian justice system will intervene or the International Criminal Court will do so». The Sudanese citizen, originally from Darfur and currently a refugee in France, accused the Libyan general of crimes against humanity, claiming that he and his wife were tortured and other migrants during their stay in Libya.

The complaint filed also mentions high-profile Italian names, including the Prime Minister Giorgia Meloni, the Minister of Justice Carlo Nordio and the Minister of the Interior Matteo Piantedosi, defined by the Sudanese citizen «suspected of obstructing justice under Article 70 of the Rome Statute."

The European Union's position and the issue of sanctions

In parallel, the European Union has declared that monitor the implications of the executive order signed by former US President Donald Trump, which imposes sanctions on the ICC. Despite this, the spokesperson of the European Commission, Anouar El Anouin, he avoided commenting on the possible activation of the Blocking Statute, a legal instrument that would allow the sanctions to be neutralised Americans vs. the Court. «At the moment, I cannot add anything other than the possible future steps I have already mentioned», El Anouni said.

Lo Blocking statute It was introduced by the EU in 1996 for protect European economic operators from extraterritorial sanctions imposed by third countries. For To extend this protection to the ICC, the European Commission should propose a regulation to be approved by a qualified majority of Member States. At the moment, however, Italy, Hungary and the Czech Republic have not signed the declaration of 79 UN countries support the ICC.

Regulation 109 and the possible consequences for Italy

According to the Regulation 109 of the International Criminal Court, In cases of alleged failure to cooperate by a State, the Pre-Trial Chamber may request formal explanations from the country involved.

Once the answers have been received, the Chamber may decide to bring the matter atAssembly of the States Parties or United Nations Security Council, pursuant to Article 87(7) of the Rome Statute (the treaty establishing the Court).

In this case, the ICC's jurisdiction over Libya was established by the Security Council Resolution of 26 February 2011, which establishes the obligation of cooperation for all States. A possible condemnation of Italy for lack of collaboration in the delivery of General Almasri could have significant international repercussions.

ICC spokesman Fadi El Abdallah said that "at the moment there is no case against Italian officials", stressing that Italy will have «the opportunity to submit their observations" regarding the accusations of failure to comply with the request for cooperation.

Next steps: joint reflection on the functioning of international justice

The official communication from the ICC therefore opens a period of consultations and reflection on the critical issues of the Almasri affair. This evening, Tuesday 11 February, the European Parliament to discuss ICC situation in plenary session, on the initiative of the socialists and the left of The Left, who intend to bring the Almasri case back into the limelight.

The decisions that will be taken in the coming days could define the future of relations between Italy, the International Criminal Court and the European Union, marking a crucial moment for international justice and respect for the obligations established by the Rome Statute.