There is no open case with the ICC over Almasri. Image: ICC

No open case with ICC over Almasri affair

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There is no open case at the ICC against Italian officials, an ICC spokesman confirmed on Thursday.

Anyone can file complaints to the International Criminal Court (ICC) prosecutor. His office does not comment on such complaints, a spokesman told ANSA on Thursday. He was responding to reports that a Sudanese refugee had complained about Italy’s handling of the arrest, release, and return of alleged Libyan war criminal Osama Almasri.

“Under the Rome Statute, the treaty establishing the ICC, any individual or group worldwide may send information (which the ICC calls ‘communications’) to the ICC Prosecutor. The Office of the Prosecutor does not comment on such communications.”

Newspaper Avvenire reported that the ICC had opened an investigation after a Sudanese refugee filed a complaint regarding Italy’s actions in Almasri’s case. However, government sources denied this. They said the refugee had only sent an email to the ICC prosecutor’s office, and it could take months to receive a response.

According to these sources, the ICC prosecutor has not formally forwarded the complaint to the registrar or judges. However, there is no open case with the ICC at the moment. The Sudanese refugee sent an email to the prosecutor’s office’s dedicated address. The court receives many communications, each examined individually. If deemed well-founded, proceedings may begin, but this takes months. Such matters usually remain confidential unless the complainant reveals them, which appears to have happened in this case.

Tajani: Perhaps an investigation into ICC?

The ICC should be investigated for allegedly issuing an incorrect warrant for Osama Almasri rather than probing the Italian government, Foreign Minister Antonio Tajani said on Thursday.

Tajani, also Deputy Prime Minister, said he “agreed 100%” with Justice Minister Carlo Nordio. On Wednesday, Nordio stated that the ICC had mishandled the case, making “mistakes” such as allegedly listing the wrong year when Almasri supposedly began murdering and raping migrants as young as five at Tripoli’s Mitiga detention centre.

Tajani spoke after the ICC said it was pursuing a Sudanese migrant’s complaint against Rome for releasing Almasri after his arrest by Italian security police on an ICC warrant.

The centre-right Forza Italia (FI) leader previously said the ICC “is not the Word of God.” He claimed the court sent Nordio 40 pages in English, making it impossible for the justice minister to act in time to prevent Almasri’s release.

Asked about the ICC’s investigation into Italy’s actions, Tajani said: “No comment on the ICC, but I have many reservations about the Court’s behaviour in this matter. Perhaps an investigation should be opened into the Criminal Court. We need clarifications on how it acted. In any case, I confirm that the document sent to Italy was null. I agree 100% with Minister Nordio.”

Read: Nordio and Piantedosi report to Lower House over Almasri

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