Explained: Why Italy's Giorgia Meloni Is Caught Up in a Libyan War Crimes Case

Rome, January – Italian Prime Minister Giorgia Meloni is under investigation following her government's decision to release Osama Elmasry Njeem, a Libyan police officer wanted by the International Criminal Court (ICC) for alleged war crimes. The case has sparked political controversy in Italy, with Meloni’s supporters accusing prosecutors of politicizing the issue.

Who Is Osama Elmasry Njeem?

Osama Elmasry Njeem is a brigadier general in Libya's Judicial Police and is accused by the ICC of committing crimes against humanity, including murder, torture, rape, and sexual violence, from February 2015 onward. Many of his alleged victims were reportedly migrants. The ICC claims he was assisted by the Special Deterrence Force, one of Tripoli's key armed factions.

Njeem has not publicly responded to the allegations.

Why Was Njeem Arrested in Italy?

The ICC secretly requested an arrest warrant for Njeem on October 2, 2024, which was approved on January 18, 2025. By then, he was in Italy to watch a Juventus vs. AC Milan soccer match. Italian authorities were alerted, and Njeem was arrested at his Turin hotel on January 19.

Why Was He Released?

Despite his arrest, the Italian government freed Njeem just two days later, on January 21, citing procedural errors—specifically, that the arresting officers had failed to inform the justice ministry. However, legal experts argue this was a minor technicality that could have been corrected. Instead, Njeem was immediately put on a government jet and flown back to Tripoli.

Interior Minister Matteo Piantedosi justified the decision by citing Njeem’s "social dangerousness." Critics, however, suggest that Italy’s reliance on Libyan security forces to curb migrant crossings played a role in the decision to avoid straining diplomatic relations.

Who Authorized His Release?

While the Rome appeals court ruled that Njeem’s arrest was procedurally flawed, it is widely believed that the decision to release him had government backing. Meloni was in Washington for former U.S. President Donald Trump’s inauguration on January 20, leaving questions about who within her administration directly authorized the move.

Why Are Prosecutors Investigating?

A local lawyer, Luigi Li Gotti, filed a complaint accusing government officials of favoritism and misuse of public funds for flying Njeem back to Libya on a state plane. His complaint named Meloni, Interior Minister Piantedosi, Justice Minister Carlo Nordio, and intelligence affairs undersecretary Alfredo Mantovano. Although Li Gotti provided no direct evidence, Italian law requires prosecutors to open an investigation unless a complaint is deemed baseless.

Government Response

Meloni’s administration is strongly opposing the investigation, arguing that it is politically motivated. Her supporters claim Rome's chief prosecutor is leveraging the case as part of an ongoing battle between the judiciary and the government over judicial reforms.

What Happens Next?

The investigation documents have been forwarded to the Court of Ministers, which has 90 days to either dismiss the case or recommend further proceedings. If prosecutors push for a trial, parliament would have to vote on whether to allow it. Given Meloni’s strong majority, any move to prosecute her would likely face significant political resistance.

As the case unfolds, it could have far-reaching implications for Italy’s legal and political landscape, adding to tensions between the government and the judiciary.