Overview
- Pre-Trial Chamber I referred Italy to the ICC Assembly of States Parties over the Almasri matter by a majority, with Judge Iulia Motoc filing a dissent.
- Judges said Italy failed to meet Rome Statute duties to arrest and surrender Almasri, who was detained in Turin on 19 January 2025, released two days later, and repatriated to Libya on a state aircraft.
- The majority concluded Italy conditioned cooperation on national security, geopolitics, and domestic law, reiterating that domestic law cannot justify non-cooperation.
- The decision noted Italy did not invoke Article 97 to signal execution difficulties and cited transparency issues and contradictions in information transmitted to the Court.
- The Chamber opted against a UN Security Council referral; the Assembly is expected to consider the matter in December 2026, as domestic ministerial cases were archived and a separate probe remains open.