The head of the Libyan judicial police, General Osama Elmasry (Almasri) Najeem, has been under an arrest warrant by the International Criminal Court (ICC) since January 18, 2025. The man is wanted for war crimes and crimes against humanity due to his involvement in managing the Mitiga prison, where torture, inhumane treatment and sexual violence on detainees have been allegedly systematic since 2015. After the ICC issued the warrant of arrest, Almasri was arrested on January 19 in Turin, Italy. However, on January 21 2025, Almasri was released from custody and sent back to Libya. Italy, as part of the Rome Statute, apparently failed to fulfil its obligation.

Italy and members of the Italian government are potentially facing some judicial consequences. A lawyer from the Rome district, Luigi Li Gotti, filed a complaint with local prosecutors to investigate the government's decision on the deportation of the Libyan General. Prime Minister Meloni and the Ministers of Justice and Interiors have been referred to a special chamber of the Rome Tribunal (the s.c. Ministers’ Tribunal) for favouring the suspected individual and misuse of public funds for operating his deportation with a state aircraft. Italian authorities claim that Almasri was released because of his "social dangerousness", but the plaintiff suggests that this course of action could be put in relation to the Italy-Libya migration agreements. The situation has exacerbated the political debate and intensified tensions between politicians and the judiciary.

The Ministers’ Tribunal has 90 days to dismiss proceedings or start prosecution. In this second case, the Parliament still has to approve it or stop any procedure until they are in function.

The ICC Prosecutor has received a request to prosecute Italian authorities. On February 5, two lawyers representing a Sudanese refugee in France submitted a request to open an investigation against the President of the Italian Council of Ministers and the Italian Ministers who decided Almasri’s repatriation for contempt of the Court (Art. 70 ICC Statute). They maintain that by releasing Almasri, the Italian authorities have damaged the investigation that the ICC should carry out on the crimes against humanity that, according to the applicant, Italy and other EU state officers have committed against migrants in the Mediterranean Sea. The victim and his wife were held in one of the detention centres controlled by Almasri, where they experienced torture and other violations of their human rights.

Art. 70 ICC Statute disposes that "[t]he Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: … (c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence".

Finally, on February 21, the ICC Prosecutor requested the Pre-Trial Chamber of the Court to issue Italy a formal finding of non-compliance, according to Art. 87(7) of the Rome Statute. Art. 87.7 states that "Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council".