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Human Rights Watch (HRW) sent an open letter to Libya’s general prosecutor requesting transparency over the recent arrest of Osama Elmasry Njeem and compliance with a pending International Criminal Court (ICC) arrest warrant.
Elmasry was initially arrested in Italy but extradited back to Libya upon request from Libyan authorities and contrary to Italy’s obligations under articles 97 and 90(1) of the Rome Statute. Elmasry was rearrested in Tripoli on November 5, 2025. Libyan authorities have yet to disclose the charges against Elmasry and whether they correspond with the ICC case.
Elmasry’s ICC warrant stems from his role in the abuses committed at Mitiga Prison, including murder, sexual violence, and torture, which amount to war crimes and crimes against humanity.
HRW pressed Libyan prosecutors to disclose the charges, as well as the detention facility Elmasry is held in due to the accused’s deep connections with the Libyan carceral authorities.
Although Libya is not party to the Rome Statute, they accepted the court’s jurisdiction in May 2025 for crimes committed between 2011-2027 following unanimous referral to the ICC under UNSC Resolution 1970. As such, Libya is obligated to comply with ICC jurisdiction and surrender any detained persons with outstanding ICC warrants to The Hague to stand trial.
The ICC operates as a court of last resort, prosecuting international criminals who cannot or will not be prosecuted in their own country. A host state must submit a request to the ICC to prosecute the accused in its own country, which is then accepted or denied by ICC judges. Libya has made no such request, nor disclosed what charges they have brought against Elmasry.
Last December, a different Libyan national was brought to The Hague to stand trial over similar crimes following an arrest in Germany.
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Elmasry was initially arrested in Italy but extradited back to Libya upon request from Libyan authorities and contrary to Italy’s obligations under articles 97 and 90(1) of the Rome Statute. Elmasry was rearrested in Tripoli on November 5, 2025. Libyan authorities have yet to disclose the charges against Elmasry and whether they correspond with the ICC case.
Elmasry’s ICC warrant stems from his role in the abuses committed at Mitiga Prison, including murder, sexual violence, and torture, which amount to war crimes and crimes against humanity.
HRW pressed Libyan prosecutors to disclose the charges, as well as the detention facility Elmasry is held in due to the accused’s deep connections with the Libyan carceral authorities.
Although Libya is not party to the Rome Statute, they accepted the court’s jurisdiction in May 2025 for crimes committed between 2011-2027 following unanimous referral to the ICC under UNSC Resolution 1970. As such, Libya is obligated to comply with ICC jurisdiction and surrender any detained persons with outstanding ICC warrants to The Hague to stand trial.
The ICC operates as a court of last resort, prosecuting international criminals who cannot or will not be prosecuted in their own country. A host state must submit a request to the ICC to prosecute the accused in its own country, which is then accepted or denied by ICC judges. Libya has made no such request, nor disclosed what charges they have brought against Elmasry.
Last December, a different Libyan national was brought to The Hague to stand trial over similar crimes following an arrest in Germany.
The post Rights group asks Libya prosecutors to comply with ICC jurisdiction appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.