On 21 January 2025, the Appeals Court of Rome ordered the release of Elmasry, a Libyan suspect wanted by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity committed in Libya since February 2015. The court based its decision on procedural irregularities in his arrest and the lack of action by the Minister of Justice. This ruling raises concerns about the broad political discretion it grants to ministerial authority, as well as Italy’s failure to uphold its obligations to cooperate with the ICC (Article 89 of the Rome Statute) and to extradite or prosecute alleged perpetrators of torture (Article 7.1 of the UN Convention Against Torture).

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Contributo pubblicato, in inglese, su Opinio Juris e disponibile a questo link