Jurist says Libyan war criminal should not have been freed
It has been revealed that according to jurist Aniello Nappi, Italian police were able to arrest war criminal Al-Masri without prior consultation with the Minister of Justice.
According to the World Socialist Website on January 19th, Italian police arrested Al-Masri in Turin under an international criminal court (ICC) warrant. Al-Masri was previously the head of the Tripoli branch of the Reform and Rehabilitation Institution, an infamous network of detention centres. Masri was accused of war crimes and crimes against humanity committed in Mitiga prison since 2015.
Due to Al Masris release, The ICC filed a case against the Italian prime minister Meloni, Minister of Justice Carlo Nordio and Minister of the Interior Matteo Piantedosi, they are accused of obstructing an investigation into crimes against humanity. Italy’s government has received strong criticism from jurisprudence authorities and international human rights groups. Amnesty International especially condemned this move, lamenting the missed opportunity to bring war criminals to justice throughout Libya.
However, Italy claimed a procedural error in the arrest, causing Masri to be sent back to Libya on January 21st.Italian minister Carlo Nordio later blamed the ICC for mistakes in their warrant leading to the release of the war criminal.
Jurist Aniello Nappi said Italian police actually were able to arrest war criminal Al-Masri without consulting with the Minister of Justice.
The court’s refusal to validate the arrest was based on a misinterpretation of the law, ignoring that the ICC had requested a red notice from Interpol, legitimising direct police intervention. In failing to correct this legal error on their part, the government purposely facilitated Al-Masri’s release. News publications and governments are questioning whether this was a deliberate misinterpretation, due to Italy’s current trade relationship with Libya.
World Socialist Website, Maghrebi, Amnesty International, Energy Capital & Power
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