Tribunal’s 90-Page Dossier Exposes Alleged Illicit Aims Behind Libyan Expulsion

Italy’s Tribunal of Ministers formally transmitted to the Italian Parliament a request for authorization to proceed against Undersecretary to the Prime Minister Stefano Mantovano, Justice Minister Carlo Nordio, and Interior Minister Matteo Piantedosi.

The request caps a six-month investigation into the so-called “Almasri case”—the controversial expulsion of Libyan national Ahmed Almasri, wanted by the International Criminal Court (ICC), who was returned to Libya in January 2025, enabling his subsequent flight from justice.

The indictment, spanning ninety pages, paints a damning portrait of a process marred by illegality and political expediency, alleging that the expulsion was “unlawful, irrational, and driven by illicit purposes.”

The investigative chamber’s dossier details a timeline that began with Almasri’s arrest in Rome in December 2024 on an ICC warrant for war crimes, followed by a swift ministerial decree ordering his expulsion to Tripoli. Prosecutors argue that key legal safeguards—such as confirmation of Libya’s willingness to detain Almasri and assurances against torture—were willfully ignored. Instead, the expulsion maneuver is described as orchestrated to curry favor with Libyan authorities amid migration-control negotiations.

Charges against the three ministers range from aiding and abetting (favoreggiamento) to embezzlement of public funds (peculato) and omission of official duties (omissione d’atti d’ufficio). The tribunal asserts that state resources were misappropriated to facilitate Almasri’s transfer and that ministerial decrees lacked rational legal foundation.

Political reactions have been swift and polarized. Opposition parties, including the Democratic Party and the Five Star Movement, have called for immediate parliamentary debate, accusing the government of abusing power and undermining Italy’s international obligations. Meanwhile, government spokespeople defend the ministers, arguing that Italy acted in good faith to secure bilateral cooperation on migration.

Constitutional law experts weigh in with stark warnings. Professor Laura Bianchi of Sapienza University describes the case as a “constitutional crisis in the making,” stressing that Parliament’s decision on authorization will test Italy’s separation of powers. “Should deputies refuse to grant authorization,” she notes, “it could trigger resignations or even early elections.”

Next steps involve deliberations within the Chamber of Deputies and the Senate, where a qualified majority is required to lift ministerial immunity. Scheduled debates are expected by mid-September, with a final vote anticipated before the October recess. If Parliament approves the request, the ministers will face trial before Italy’s Supreme Court; if denied, proceedings will be halted.

Internationally, observers at The Hague monitor developments closely. An ICC spokesperson reiterated that Rome’s actions could constitute an obstruction of justice under international law, hinting at potential diplomatic repercussions if Italy fails to uphold its cooperation agreement.

As Italy braces for a high-stakes parliamentary showdown, the “Almasri affair” underscores broader tensions between domestic politics and international accountability. The coming weeks will reveal not only the fate of three senior officials but also the resilience of Italy’s democratic institutions in the face of legal and ethical challenges.