Explainer-Why Italy's PM Meloni got caught up in Libyan war crimes case

By Crispian Balmer

ROME (Reuters) - Italian Prime Minister Giorgia Meloni has been placed under investigation over a government decision to release a Libyan police officer wanted by the International Criminal Court (ICC).

Here is the background to the case and a look at what might happen next.

WHO IS THE LIBYAN AT THE CENTRE OF THE SCANDAL?

Osama Elmasry Njeem is a brigadier general in Libya's Judicial Police. The ICC says he was also in charge of Tripoli prisons. In a Jan. 22 statement, the ICC said Njeem was suspected of "crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 onwards". A number of his alleged victims are believed to have been migrants.

The ICC said he was assisted by the Special Deterrence Force, one of Tripoli's main armed factions.

Njeem has not publicly commented on the allegations made against him.

WHY DID ITALY ARREST HIM?

ICC documents show that its prosecutors sought an arrest warrant under seal on Oct. 2, 2024. It was only granted by judges on Jan. 18. At that point, the court knew Njeem was in Italy to watch a soccer match between Juventus and AC Milan, having spent almost two weeks prior in Germany, France and Belgium. The court informed Italian authorities and Njeem was arrested at his Turin hotel early on Jan. 19.

WHY DID ITALY LET HIM GO?

The government abruptly freed him on Jan. 21 on procedural grounds because the police who arrested him had failed to inform the justice ministry, officials have said. However, a legal source told Reuters this was a mere technicality and could easily have been overcome. Njeem was immediately put on a government jet and flown to Tripoli. Interior Minister Matteo Piantedosi has said this was done because of his "social dangerousness". Critics have suggested the government freed him because it relies on Libyan security forces to slow the flow of boat migrants and did not want to antagonise them by arresting such a high profile figure. The government has denied this.

WHO MADE THE DECISION TO FREE HIM?

Interior Minister Piantedosi said last week Rome's appeals court ordered Njeem's release because they considered his arrest non-compliant with procedures. However, it is inconceivable such a move would have been taken without government guidance. That said, there is nothing to indicate Meloni herself was involved in the decision -- she was in Washington for U.S. President Donald Trump's Jan. 20 inauguration when the case was under review.

WHY DID ROME PROSECUTORS GET INVOLVED?

A Rome lawyer, Luigi Li Gotti, last week lodged a short complaint with local prosecutors asking for an investigation into alleged favouritism towards Njeem and alleged misuse of public funds to fly him to Libya on a state plane. He singled out Meloni, Piantedosi, Justice Minister Carlo Nordio and the cabinet undersecretary for intelligence matters, Alfredo Mantovano. Li Gotti provided no evidence of wrongdoing but attached press clippings about the case. Under Italian law, it is standard for prosecutors to open an investigation following such a request, unless they regard it as manifestly unfounded. 

WHY IS THE GOVERNMENT SO CROSS?

Ministers believe there was no reason to open an investigation. Meloni supporters accused Rome's chief prosecutor of politicising the case and say it is part of a broader battle pitting magistrates against the government over planned judicial reform that will shake up Italy's creaking legal system.

WHAT HAPPENS NEXT?

Rome prosecutors have sent the investigation documents to the Court of Ministers, which has judges who are drawn by lot. They have the power to investigate ministers, question them and seek state documents. The court has 90 days to make its findings. At that point it can decide whether to dismiss proceedings or send the documents back to the prosecutor's office recommending that the case proceeds. If, ultimately, the prosecution seeks a trial, parliament would vote on whether or not to allow it. Meloni has a strong majority in both chambers.

(Additional reporting by Emilio Parodi, Angelo Amante, Alvise Armellini and Paolo Chiriatti in Italy and Stephanie Van Den Berg in Amsterdam; Writing by Crispian Balmer; Editing by Gareth Jones)