Rome: Italian Prime Minister Giorgia Meloni is under investigation following her government’s decision to release a Libyan police officer wanted by the International Criminal Court (ICC). Here’s an overview of the case and what may unfold next.
Who is the Libyan Officer at the Center of the Controversy?
Brigadier General Osama Elmasry Njeem is a high-ranking officer in Libya’s Judicial Police. According to the ICC, he was responsible for overseeing Tripoli’s prison system and is suspected of committing crimes against humanity and war crimes. These include murder, torture, rape, and sexual violence, allegedly carried out in Libya from February 2015 onward. Many of his alleged victims were reportedly migrants.
The ICC also stated that Njeem was assisted by the Special Deterrence Force, a prominent armed faction in Tripoli. Njeem has not publicly responded to the allegations.
Why Was He Arrested in Italy?
ICC records indicate that its prosecutors requested an arrest warrant under seal on October 2, 2024. The court approved it on January 18, 2025, by which time authorities knew Njeem was in Italy. He had traveled through Germany, France, and Belgium before arriving in Turin to attend a Juventus vs. AC Milan soccer match. Acting on the ICC’s request, Italian police arrested him at his hotel on January 19.
Why Did Italy Release Him?
Just two days after his arrest, Italian authorities abruptly released Njeem on January 21, citing procedural errors in his detention. Officials stated that police had failed to inform the justice ministry before making the arrest. However, a legal source told Reuters that this was a technicality that could have been resolved.
Njeem was immediately flown back to Tripoli on a government jet. Interior Minister Matteo Piantedosi defended the move, citing his “social dangerousness”. Critics, however, argue that the decision was politically motivated, as Italy depends on Libyan security forces to curb illegal migration and may have sought to avoid tensions by releasing a senior Libyan figure. The government has denied these allegations.
Who Authorized His Release?
According to Interior Minister Piantedosi, Rome’s appeals court ordered Njeem’s release due to procedural irregularities. However, experts suggest such a high-profile case would not have been handled without government oversight.
At the time of the decision, Prime Minister Meloni was in Washington attending U.S. President Donald Trump’s inauguration on January 20. There is no direct evidence implicating her in the decision-making process.
Why Are Rome Prosecutors Investigating?
Last week, Rome-based lawyer Luigi Li Gotti submitted a complaint urging prosecutors to investigate alleged favoritism toward Njeem and potential misuse of public funds in flying him back to Libya on a government plane. His complaint named:
- Prime Minister Giorgia Meloni
- Interior Minister Matteo Piantedosi
- Justice Minister Carlo Nordio
- Cabinet Undersecretary for Intelligence Alfredo Mantovano
Li Gotti did not provide concrete evidence but attached media reports about the case. Under Italian law, prosecutors are required to open a preliminary investigation unless a complaint is deemed completely unfounded.
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Why is the Government Pushing Back?
Government officials insist that there was no legal basis for launching an investigation. Meloni’s supporters accuse Rome’s chief prosecutor of politicizing the case, viewing it as part of an ongoing power struggle between Italy’s judiciary and the government over planned judicial reforms.
What Happens Next?
The case has now been transferred to Italy’s Court of Ministers, a special judicial body that investigates sitting government officials. The court’s judges, selected by lottery, will:
- Review the case and state documents
- Decide whether to dismiss the investigation or proceed
- Possibly question the accused ministers
The court has 90 days to conclude its findings. If it recommends prosecution, the case would return to Rome’s prosecutor’s office. If prosecutors push for a trial, Italy’s parliament must vote on whether to approve it. Given Meloni’s strong majority in both chambers, any move to prosecute her would face political obstacles.
