On 29 January 2026 the Presidency of the International Criminal Court ("ICC") has transmitted Pre-Trial Chamber I's "Decision to refer Italy's non-compliance with a request for cooperation to the Assembly of States Parties", dated 26 January 2026, to the President of the Assembly of States Parties, thereby referring the matter to the Assembly of States Parties in accordance with regulation 109(4) of the Regulations of the Court.
On 17 October 2025, Pre-Trial Chamber I issued a "Decision on Italy's non-compliance with a request for cooperation," in which it found that Italy failed to comply with its international obligations under the Rome Statute, preventing the Court from exercising its functions and powers under the Statute "[by] not properly executing the Court's request for the arrest and surrender of Mr Njeem while he was on Italian territory, and by not consulting and cooperating with the Court to solve any purported issues arising from the formulation of the Arrest Warrant and the purported competing request for extradition."
In accordance with Assembly resolution ICC-ASP/17/Res.5, annex II, paragraph 14 (c), a representative of Italy was invited to the 1 April 2026 meeting of the Bureau of the Assembly to discuss the implications of the Court's decision regarding its non-cooperation and to present its views on how it would cooperate with the Court in the future.
Pursuant to paragraph 15 of the same annex, the Bureau will submit a report on the action taken, along with any recommendations, to the next session of the Assembly.
