ICC judges looking into Italy's release of Libyan fugitive

THE HAGUE - Judges at the International Criminal Court are investigating whether Italy's release of a Libyan military officer wanted for war crimes by the tribunal breaches the court's statute, a court spokesperson said on Monday.

Last week Italy's Justice Minister Carlo Nordio said Rome had no choice but to free ICC suspect Osama Elmasry Njeem because of what he described as mistakes and inaccuracies in the court's arrest warrant.

Njeem was released and flown home to Tripoli two days after being detained last month in northern Italy on the back of the ICC warrant which said he was suspected of the murder, torture and rape of detainees in Libya.

His release sparked outrage among Italian opposition parties and triggered a legal investigation into Prime Minister Giorgia Meloni, two of her ministers and a cabinet undersecretary.

The procedure now opened at the ICC could lead to Rome being referred to the court's governing body or ultimately the United Nations Security Council, which could issue reprimands.

The ICC spokesperson added that Italy will get a chance to present its side of the case to judges before a decision is made, but gave no timeline for the process. 

The court has been investigating allegations of serious crimes committed in Libya since the country's 2011 civil war following a referral by the U.N. Security Council.

(Reporting by Stephanie van den Berg; Editing by Christina Fincher)