ICC confirms jurisdiction in Libya case against Osama Elmasry Njeem

The International Criminal Court’s Pre-Trial Chamber I ruled on Nov. 2 that the court may exercise jurisdiction in the case against Osama Elmasry Njeem, a Libyan prison official suspected of war crimes and crimes against humanity.

The judges unanimously agreed that the ICC has jurisdiction. They deferred a separate decision on whether the case is admissible, giving the defence additional time to provide information about proceedings allegedly taking place in Libya.

Njeem, also known as Osama Almasri Njeem, remains outside ICC custody, according to the court’s announcement. International Criminal Court

Judges agree on jurisdiction, differ on its legal basis

Njeem’s challenge, transmitted by the court’s Registry on April 30, argued that the case falls outside the ICC’s jurisdiction and is inadmissible. Prosecutors and victims’ representatives submitted observations for the chamber’s consideration.

Judges Iulia Motoc and Reine Alapini-Gansou concluded that the alleged conduct remains covered by United Nations Security Council Resolution 1970, adopted in 2011 under Chapter VII of the UN Charter.

Judge María del Socorro Flores Liera agreed that the court has jurisdiction but identified a different legal basis. She reiterated her view that jurisdiction was conferred through Libya’s declaration accepting the court’s authority under Article 12(3) of the Rome Statute.

Admissibility decision awaits further information

The chamber gave Njeem until Jan. 29, 2027, to submit additional material relevant to his admissibility challenge, including updates on the alleged Libyan proceedings. It also renewed its invitation for Libya to respond by the same deadline.

The decision reflects the Rome Statute’s principle of complementarity, under which national authorities have the primary responsibility to investigate and prosecute crimes.

In assessing admissibility, ICC judges examine whether national proceedings concern the same conduct and whether the state is genuinely willing and able to carry them out. They also consider whether the case meets the required gravity threshold. Rome Statute

Arrest warrant concerns alleged crimes at Mitiga Prison

The ICC issued an arrest warrant for Njeem on Jan. 18, 2025, concerning alleged crimes at Mitiga Prison in Tripoli from February 2015 onward.

According to the court, Njeem allegedly oversaw prison facilities where thousands of people were detained for prolonged periods. The warrant includes allegations of murder, torture, rape, and sexual violence.

Prosecutors allege that Njeem personally committed crimes, ordered them, or assisted members of the Special Deterrence Forces, commonly known as RADA, in carrying them out.

The alleged victims included people detained because of their religion, perceived violations of RADA’s religious ideology, suspected affiliations with other armed groups or efforts to coerce them.

The Nov. 2 ruling addresses the court’s authority to hear the case. The allegations against Njeem remain subject to judicial proceedings.