Libya Hands Over Suspect to International Criminal Court
Written by Black Hot Fire Network Team on March 14, 2026
Libyan authorities should immediately surrender Osama Elmasry Njeem to the International Criminal Court (ICC) and ensure full cooperation with the court regarding other ICC suspects believed to be in Libya, Human Rights Watch stated. Njeem, a senior member of a Tripoli-based militia, is wanted by the ICC on charges of crimes against humanity and war crimes related to alleged offenses committed in Mitiga Prison since 2015.
Arrest and Status of Osama Elmasry Njeem
Libyan authorities reportedly arrested Njeem in Tripoli on November 5, 2025, to face domestic charges. However, his location remains unknown, and authorities have not taken steps to surrender him to the ICC. Human Rights Watch requested information from Libya’s general prosecutor in December 2025 regarding the charges against Njeem, Libya’s cooperation with the ICC, and the status of other suspects, but has not received a response. Njeem was previously arrested in Turin, Italy, in January 2025, but Italian authorities returned him to Libya instead of surrendering him to the ICC.
Libya’s Legal Obligations to the ICC
Although Libya is not an ICC member, it is legally obligated to cooperate under a 2011 United Nations Security Council resolution referring the situation in Libya to the ICC prosecutor. Libya also accepted the court’s jurisdiction over crimes committed within its territory or by Libyan nationals from 2011 until the end of 2027 in May 2025. Libyan authorities have not publicly challenged the ICC’s charges, leaving surrender as the required course of action.
Other ICC Fugitives and Ongoing Investigations
Seven other Libyans remain fugitives of the ICC, wanted for war crimes. The ICC opened an investigation into the Libya situation in 2011 and has issued arrest warrants against 14 individuals for crimes committed during the 2011 revolution, between 2014 and 2020, and in detention facilities. Pretrial proceedings are underway in the first case before the court, following Germany’s December 2025 surrender of Khaled Mohamed Ali El Hishri. Saif al-Islam Gaddafi, son of former Libyan leader Muammar Gaddafi, was killed in Libya in February 2026. The general prosecutor’s office has announced the arrest of three suspects in connection with Gaddafi’s death.
Conditions in Libyan Detention Facilities
Human Rights Watch has documented inhumane conditions in migrant detention centers and prisons across Libya, including overcrowding, torture, arbitrary detention, enforced disappearance, unlawful killings, sexual violence, and deprivation of basic necessities. The organization has also found that Libya’s justice sector is marred by due process violations and lacks effective cooperation with the ICC.
Calls for International Action
UN Security Council and ICC member states are urged to press Libyan authorities to cooperate with the ICC, including surrendering Njeem and other suspects. Human Rights Watch emphasized the need for international support for the ICC’s mandate in Libya and enforcement of judicial findings of noncooperation. The justice minister of Libya’s Government of National Unity has stated opposition to extraditing Libyan nationals for trials abroad.
Of the seven other ICC fugitives in the Libya situation still believed to be alive, Saif Suleiman Sneidel, wanted for war crimes, remains at large in eastern Libya. ICC Deputy Prosecutor Nazhat Khan has called for his surrender. The others wanted for war crimes are Abdurahem Khalefa Abdurahem Elshgagi, Makhlouf Makhlouf Arhoumah Doumah, Nasser Muhammad Muftah Daou, Mohamed Mohamed Al Salheen Salmi, Abdelbari Ayyad Ramadan Al Shaqaqi, and Fathi Faraj Mohamed Salim Al Zinkal.
