Human Rights Watch (HRW) sent an open letter to Libya’s prosecutor general requesting transparency over the recent arrest of Osama Elmasry Njeem and compliance with a pending International Criminal Court (ICC) arrest warrant.

Elmasry was initially arrested in Italy but extradited back to Libya upon request from Libyan authorities, contrary to Italy’s obligations under articles 97 and 90(1) of the Rome Statute. Elmasry was rearrested in Tripoli on November 5, 2025. Libyan authorities have yet to disclose the charges against Elmasry and whether they correspond with the ICC case.

Elmasry’s ICC warrant stems from his role in the abuses committed at Mitiga Prison, including murder, sexual violence, and torture, which amount to war crimes and crimes against humanity.

HRW pressed Libyan prosecutors to disclose the charges, as well as the detention facility Elmasry is held in due to the accused’s connections with the Libyan carceral authorities.

Although Libya is not party to the Rome Statute, the country accepted the court’s jurisdiction in May 2025 for crimes committed between 2011-2027, following unanimous referral to the ICC under UNSC Resolution 1970. As such, Libya is obligated to comply with ICC jurisdiction and surrender any detained persons with outstanding ICC warrants to The Hague to stand trial.

The ICC operates as a court of last resort, prosecuting international criminals who cannot or will not be prosecuted in their own country. A host state must submit a request to the ICC to prosecute the accused in its own country, which is then accepted or denied by ICC judges. Libya has made no such request, nor disclosed what charges they have brought against Elmasry.

Last December, a different Libyan national was brought to The Hague to stand trial over similar crimes following an arrest in Germany.