Almasri, the Prosecutor of the Hague asks for the referral of Italy

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The document of the AIA – Avvenire

In the procedure of the International Criminal Court aimed at examining Italy’s behavior in the failure to deliver the Libyan general Almasri. In addition, the international prosecutor has addressed heavy accusations to the Rome authorities asking that the security of the United Nations is also dealing with it. Meanwhile,

A classified document “delivered” by the Public Prosecutor’s Office to the Court reads that after examining the “clarifications” provided by Rome “the prosecutor’s office maintains its request to formally ascertain the non -fulfillment of Italy. Similarly, to define the matter to the Shareholders’ meeting part”.

In particular. However, more than three months almasri, prosecutor hague asks referral after the release of Osama Elmasri (Almasri Njeem), Italy raises for the first time “the existence of an alleged competing request for extradition by Libya. As discussed below, Italy has not respected its obligations pursuant to the statute, erroneously applying article 90. Furthermore, the documentation provided by Italy does not include any arrest against Njeem. Libyans “.

And it is not the only hole in the Italian version. “In the end. it seems that, after receiving two competing requests, Italy did not comply with either of them: Njeem was neither delivered to the Court nor extradited (or arrested) to Libya on his return. On the contrary, he was released and transferred freely to Tripoli, where he was welcomed by a festive crowd”.

As if to say that the patch is worse than the hole. Italy claims to have not violated its obligations. and “carefully separates the roles carried out almasri, prosecutor hague asks referral by several state bodies in the non -arrest and delivery of Njeem. However. pursuant to article 87 (7), it is not relevant to determine which state authority is more responsible – observes the international prosecutor – but if, overall, a state party has not fulfilled to a request from the Court, thus preventing the exercise of its functions”.

With regard to the alleged obstacles of internal law “they do not constitute justification for the failure to cooperation. States part are required to ensure that there are procedures available for all types of cooperation provided for by the Statute”. they reiterate from the Hague. For this reason it is believed that Rome has not provided any “valid explanation. justification for the failure to cooperation and non -compliance with the requests of the Court”.

So “the prosecutor’s office maintains its position according to which Italy has missed its obligations. asks the Chamber almasri, prosecutor hague asks referral to formally ascertain the default and to refer the matter to the Shareholders’ Meeting of States and/or to the United Nations Security Council”.