Paris, 2 November 2026. On 30 October, the International Federation for Human Rights (FIDH) filed a third-party intervention before the European Court of Human Rights (ECtHR) supporting two applications against Italy. The cases concern Italy’s failure to surrender Osama Elmasry Njeem to the International Criminal Court (ICC) in January 2025, despite an active arrest warrant issued by the Court.
FIDH stresses that proceedings against a state for non-cooperation with the ICC do not render individual human rights complaints inadmissible before the ECtHR. The two applications raise distinct questions regarding Italy’s obligations to protect individual rights under the European Convention on Human Rights (ECHR), specifically the right to an effective investigation and access to a court.
The intervention explains why the ICC’s non-cooperation procedure, which includes both the non-compliance proceeding at the ICC and the ongoing referral before the Assembly of States Parties (ASP), does not preclude the ECtHR from examining alleged human rights violations. The applicants allege that Italy’s failure to surrender Mr. Njeem, alongside other alleged failures, has undermined their ability to obtain accountability for serious abuses they suffered in Libya.
The cases highlight a fundamental challenge to international justice: the ICC depends on states to execute its arrest warrants, and failure to cooperate can undermine accountability for the gravest international crimes. States Parties to the Rome Statute, including Italy, must uphold their cooperation obligations. When a state fails to do so, the consequences extend beyond its relationship with the Court, potentially depriving victims of meaningful opportunities to obtain justice and redress.
Mr. Njeem is suspected of serious crimes allegedly committed at Mitiga Prison, including murder, torture, rape, and other sexual violence. Italian authorities arrested Mr. Njeem in Turin on 19 January 2025 but returned him to Libya two days later, despite the ICC’s request for cooperation. On 17 October 2025, the ICC found that Italy had failed to comply with its obligations under the Rome Statute. On 29 January 2026, the ICC Presidency referred Italy’s non-compliance to the Assembly of States Parties.
Applicant Y alleges violations of Articles 2 and 3 of the ECHR concerning the right to life and the prohibition of torture. Applicant Z alleges a violation of Article 6 § 1 concerning the right of access to a court, as well as failures to address alleged violations of fundamental rights, including prohibitions of torture, slavery, and forced labour.
FIDH’s intervention addresses the admissibility of these applications under Article 35 § 2(b) of the Convention. It argues that the applications are not substantially the same as the ICC’s non-cooperation procedure because they involve different parties and complaints. Furthermore, it contends that the ICC’s non-cooperation procedure does not constitute another procedure of international investigation or settlement that would bar the ECtHR from examining the applicants’ claims, as it is not capable of providing individual victims with effective protection or redress.
“States cannot treat cooperation with the ICC as a merely procedural obligation. When a state fails to execute an arrest warrant, it risks undermining the pursuit of justice for victims of the gravest crimes,” said Alexis Deswaef, FIDH President. “The ECtHR must be able to examine whether that failure also violates individual rights protected by the Convention, and ensure that victims are not left without an effective avenue for redress.”
This report was produced by the HuMedia newsroom.
