Almasri appeals against the ICC. The defense lawyers of the Libyan general, released from prison amid controversy by the Italian authorities and repatriated to Libya on a state flight, have appealed against the admissibility of the proceedings opened against him by the International Criminal Court for alleged crimes against humanity and war crimes committed in Libya.
Almasri’s appeal
According to the lawyers, who cite articles 17 and 19 of the Rome Statute, the case should be handled by the Libyan authorities and not by the Court of The Hague. According to what the press agencies report, the appeal was sent to the Pre-Trial Chamber I which, with an order dated 13 May, set 3 July as the deadline by which Libya and the Court’s prosecutor’s office must present their observations.
“The Chamber takes note of the content and scope of the dispute – we read in a note -, which includes both a jurisdictional and an admissibility component. In order to allow the Libyan State a concrete opportunity to present observations, and noting that any supporting documentation must be translated into a working language of the Court, the Chamber deems it appropriate to set 3 July 2026 as the deadline for Libya and the Prosecutor’s Office to respond to the dispute”. The order is signed by three judges, all women: Iulia Antoanella Motoc, president, and the side judges Reine Adélaïde Sophie Alapini Gansou and María del Socorro Flores Liera.
Italy referred
Last April 2, the International Criminal Court referred Italy to the Assembly of States Parties (the governing and supervisory body of the ICC) for its lack of cooperation in the case of the Libyan general, making the decision known through a press release and making official what had already emerged on 26 January: “On 29 January 2026, the Presidency of the Court transmitted to the President of the Assembly of States Parties the decision, dated 26 January, to refer Italy for failure to comply with a request for cooperation”.
Repatriation and controversies
On 17 October 2025, Pre-Trial Chamber I found Italy’s failure to fulfill its international obligations by failing to arrest and hand over the general while he was on national territory. In July, the Tripoli prosecutor’s office then started investigations against Almasri, after lifting the procedural suspension relating to his case. The general was arrested in Turin on January 19, 2025, following an arrest warrant from the International Criminal Court. However, the Ministry of Justice did not follow up on the provision and Almasri was brought back to Tripoli and freed on board an Italian services flight, until the general’s arrest in Libya in November.