In a recent development, Human Rights Watch has addressed Libya’s general prosecutor in an open letter, urging compliance with a pending International Criminal Court (ICC) arrest warrant against Osama Elmasry Njeem. Elmasry, initially detained in Italy, saw his circumstances change dramatically when Italian authorities extradited him back to Libya, despite obligations under the Rome Statute.
The extradition contravened articles 97 and 90(1) of the Rome Statute, which emphasizes the responsibilities nations carry in supporting the ICC’s jurisdiction. Since his arrival in Tripoli on November 5, 2025, the charges against Elmasry remain undisclosed, calling into question Libya’s transparency regarding his case. Notably, Elmasry’s association with alleged abuses at Mitiga Prison, including murder and torture, has made him a subject of significant legal scrutiny.
While Libya is not a signatory to the Rome Statute, in 2025 it accepted ICC jurisdiction for relevant crimes. This acceptance obligates Libya to cooperate with the court and transfer suspects tied to outstanding warrants to The Hague. Yet, with no request from Libyan authorities to prosecute Elmasry domestically, nor clarity on the charges he faces, the legal community awaits clearer communication from Libya.
Historically, the ICC functions as a last resort for prosecuting crimes that do not see justice in their home countries. Libya’s recent lack of action contrasts with past cooperation, as seen when another Libyan suspect was transferred to The Hague from Germany. The call for enhanced transparency by Human Rights Watch is seen as a step towards ensuring adherence to the legal commitments Libya holds under UNSC Resolution 1970.
For further details on this unfolding case, visit the report on this matter.