Libya refuses to extradite senior militia commander to the ICC

The western Libyan government based in Tripoli has announced on July 13th that it is rejecting the International Criminal Court’s request to extradite security official Osama Najim, according to the Libya Review.
Najim is a senior commander in the Special Deterrence Force, a powerful militia that has operated with semi-official status in western Libya.
He faces 12 charges from the ICC, including murder, torture, rape, crimes against humanity, cruel treatment, and persecution, all allegedly committed at Mitiga prison in Tripoli. Najim has reportedly overseen detention operations at the facility since 2015, during which thousands of individuals have been held.
Mitiga prison and airport are in the control of the Special Deterrence Force, and on July 6th, the Prime Minister of the government in Tripoli demanded that the group relinquish control, which sparked threats of war.
Libya’s governance is split between two rival administrations in the east and west. The Western-based Government of National Unity is backed internationally, including by the UN, but its refusal to carry out the International Criminal Court’s extradition request has raised questions about its commitment to international justice.
On July 13th, the Ministry of Justice confirmed in a statement that it had lifted procedural restrictions on Najim at the request of Libya’s Attorney General.
The Ministry also published a document confirming that Najim had appeared for questioning on April 24th.
This is not the first international legal challenge involving Najim. In January of 2025, Najim was detained in Italy under an International Criminal Court warrant but then returned to Libya within two days, with authorities claiming there were ‘procedural flaws’ in the extradition request.
The instance in January prompted criticism from international human rights groups and the Italian parliament, and so it is easy to see how the latest development in Libya refusing an extradition request will draw attention from human rights groups.
The rise in attacks and kidnappings by armed groups across Libya has alarmed civil rights groups, who have previously called for more thorough investigations by the government.
The reasoning argued by the Government of National Unity for refusing the request is that the International Criminal Court prosecutor has not submitted evidence to the Libyan authorities to support their case, according to Libya Review.
Libya also stated that “no Libyan citizen will be extradited outside national jurisdiction” due to the nation not having signed the Rome Statute; therefore, it is not obligated to hand over its citizens to any international courts.
The Government of National Unity confirmed that Libya’s own national judiciary is capable of handling the case.
Libya Review/Maghrebi
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