Almasri case: the Constitutional Court orders transmission of the ICC cooperation requests

With the judgment filed on 23 July 2026 the Italian Constitutional Court decided the Almasri case, holding that the Minister of Justice must immediately forward to the Prosecutor General at the Rome Court of Appeal the cooperation requests coming from the International Criminal Court, with no discretion to withhold the documents.

The ruling strengthens Italy’s duties of cooperation with international criminal justice and clarifies the division of powers between the executive and the judiciary: a significant reference for anyone dealing with proceedings having transnational aspects, extraditions and international arrest warrants.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.