Introduction
The Al Masri case has reignited in Italy the long-smouldering controversies
following the news that Libyan authorities decided to arrest him in
compliance with the International Criminal Court’s arrest warrant. It seemed
truly singular that Italy had instead released him and flown him back to
Libya on a special flight, fearing Libyan reactions, while Libya, after nine
months, complied with the international court’s decision and arrested him:
the world seemed upside down.
Let us try to bring a little clarity beyond the confrontation — more
propaganda than substance — between government and opposition.
ALMASRI
Al Masri (which apparently means “the Egyptian”; his full name would be
Najeem Osema Al Masri Habish) is officially a general who heads RADA in
Libya, the police force tasked with fighting terrorism and organized crime
and who, among other things, controls Mitiga prison, where there are reports
of killings, torture and allegedly sexual violence (against men and children).
However, we should not think of it as a state organization of a European
type, governed by precise laws and regulations: in essence Al Masri is one
of the many gang leaders who control Libya more or less directly,
theoretically recognizing the authority of one of the two governments, that
of Benghazi and that of Tripoli, the latter being the one recognized
internationally.
In this prison detainees include people considered anti-Islamic, atheists,
followers of other religions — in short, those considered enemies for
various reasons that we Westerners generally struggle to understand.
The International Criminal Court
The International Criminal Court (ICC) is an institution that is in some
ways related to the Nuremberg Tribunal that judged Nazi crimes. It has
operated for about twenty years following the agreement signed in Rome: it
has jurisdiction over the countries that adhere to it (about 135 currently),
among them Italy and also Libya (but not the USA, Russia or China).
The Court has indicted figures far more prominent than the obscure Almasri,
such as Netanyahu and Putin.
It should not be confused with the International Court of Justice (ICJ), an
organ of the UN that has competence over disputes between states and should
therefore resolve them without resorting to force (in reality I cannot
recall any case where it actually succeeded).
The facts
At the beginning of this year Al Masri decided to take a trip to Europe,
departing on January 6, passing through London, Brussels, Munich and then to
Italy.
During the trip, on January 18, an arrest warrant was issued and the next
day in Italy he was arrested by the Digos. At that point, however, the
Italian government decided to repatriate him on a state flight: upon arrival
in Tripoli, Al Masri was triumphantly welcomed by a group of his followers (not
by the population in general, as is often said).
Evidently, the government preferred to free Al Masri for fear of
repercussions in Libya against our interests, which are substantial, and
also because there might have been bloody reprisals against our compatriots
in the country. In reality, then, a case of realpolitik, one might say.
The event was reported by the Italian press and heated controversies began.
The government offered unconvincing explanations; in particular Nordio
relied on legal quibbles and the government found itself in deep
embarrassment.
Subsequently, some ministers were indicted by the judiciary (but not the
Prime Minister). Later Parliament denied authorization to proceed: only a
non-parliamentary government official would remain accused, but even for her,
at least for the moment, a legal quibble was found to avoid proceeding.
In short, from a legal point of view the affair appears resolved, but not on
the political level.
In November, however, unexpectedly, the Libyan government decided, to
everyone’s surprise, to comply with the ICC’s request. Certainly this is not
a sudden change of heart of a humanitarian or legal nature, but the result
of some power struggle among the various factions and militias that hold
power: if Al Masri is guilty, the government would not be less so, since it
certainly had a much broader and clearer knowledge than the distant
International Criminal Court of what was happening in Mitiga prison.
Considerations
Undoubtedly the ICC and similar organizations respond to a strong ethical
sentiment — the rejection of violence, of crimes against humanity as the
phrase goes — but their effectiveness, or rather their ability to intervene
and repress the evil in the world, appears entirely theoretical.
First of all, they lack the coercive power that all courts possess.
If a national court convicts a murderer, there are police forces to arrest
him and thus the convict is forced by force to serve his sentence.
But if the State does not pursue the accused, how can the ICC intervene? An
international force would be needed, a power superior to individual states,
a world empire, so to speak, that does not exist, and one cannot
realistically imagine a military intervention.
It was by chance that Al Masri came to Europe (the warrant did not yet exist,
or, as they say, it had not been published), but arresting such a figure
also means exposing oneself to reprisals that can be bloody. The Nuremberg
tribunal was able to operate because there had been a war with 60 million
deaths, and then the victors could judge the vanquished: we more or less
agree that justice was done, but there still remains the shadow of justice
carried out by victors on the vanquished.
Consider, for example, the practical possibility of arresting a Netanyahu or
a Putin: certainly it is unthinkable, and in any case it would not resolve
the war in Ukraine or in Gaza — it might even exacerbate them.
And this leads us to an even more general
consideration.
We indict certain individuals as if they were ordinary criminals acting
alone (like a murderer or a thief). In reality, if horrific acts occurred in
Mitiga, it is because an entire group, a gang, acts in that way and for that
reason chooses its leader. In Netanyahu’s case we have an entire people who
elected him democratically and still legally maintain his power.
In Putin’s case there is no democracy, but certainly the Russian people as a
whole support him in the fight against Ukraine.
In short, if in Mitiga, in Gaza, in Donbass there are crimes against
humanity, they happen because masses of people commit them and
responsibility cannot be assigned to only a few individuals. It may also
happen that the leaders are the more moderate ones but cannot restrain their
own men.
It is as if we wanted to condemn only the leaders of a gang of thieves or
murderers and not all the members who committed the crimes.
We must then consider what is just and
unjust.
Do our Western values apply to the whole world?
In fact, they do not even fully apply in our own world.
In Palestine Hamas and the Haredim (ultra-Orthodox Jews) claim the whole of
Palestine for themselves by direct will of God, even. The secular side,
while not sharing this stance, believes that practical and realistic needs
point to the creation of two states, though not necessarily that this would
be “just.”
Where does reason lie, what is good or evil?
Who decides? Some people placed in international tribunals chosen according
to criteria of political balance (or division, if you prefer).
So if the Russians see Ukraine as a threat to their country, will judges
determine whether that concern is real or merely a pretext?
We should also add that arrest warrants
are not verdicts. The fact that a prosecutor initiates criminal proceedings
in no way means that the accused are guilty.
In the administration of justice it often happens that defendants are
acquitted after many years and find their lives destroyed: arresting a
politician, a political leader, and then acquitting him years later would
mean changing history.
Now, in reality, for Al Masri, Netanyahu and Putin there are no convictions
but only the prosecutors’ opinions.
One final consideration: indeed horrendous
prisons are not only Mitiga, but in fact many prisons throughout the Middle
East (think of the Regeni case) and in many other countries are the same. So
why arrest only Al Masri? All political leaders, and also all those who
operate in this way around the world, would have to be prosecuted.
Something utterly impossible without a world empire.
In common language, the term "revisionism" has taken on a negative meaning: it is understood not so much as an error in historical reconstruction but as a conscious falsification, dictated by a "malicious, criminal" intent. A prime example is Holocaust denial, which in many countries has even become a proper criminal offense. And it is truly singular that in democratic countries where the fundamental principle is freedom of opinion and expression, some historian (one by recognized profession) is even condemned for their reconstruction and interpretation of historical facts, as if the democratic state could establish a historical truth by law. This is truly an exception.
But beyond this, which seems to me a contradiction of democracy, even the not entirely negative interpretation of Fascisms and a not entirely celebratory interpretation of the Resistance and analogous anti-fascist movements is considered not a different historical interpretation but a conscious falsification, to be condemned without IFs and without BUTs, as an act of evil, we might say.
We do not share these revisionist reconstructions which seem to deny what, according to the prevailing view, appears to be contrary to the truth, but we want here to clarify the concept of revisionism, delving into its meaning and relative implications.
First of all, let's say that every historical work is always a revision: whoever writes history is always revising what others have written; there is no ultimate and definitive reconstruction or interpretation, and this actually happens in all fields of knowledge. Even a scientific text that is not merely popularizing is actually revising what others have written, or rather, what the scientific community considers valid up to that moment.
Therefore, we can say that in general, every non-popularizing work is a revision of what is generally accepted.
It certainly seems wrong to me to think that the Holocaust did not happen, but if someone supports this thesis, in order to refute it, their arguments, their reflections must be examined. I cannot say that this thesis, because it is revisionist, is false and dishonest, but on the contrary, if I show that it is false, then I can say that this revisionist work is false. But we cannot say a priori which interpretation is truer, the traditional or the innovative (revisionist), even assuming that an ultimate and definitive truth exists.
I would also note that alongside proper scientific history, there is a history that I would call "history of the homeland" (storia patria), which has the purpose of exalting ideals that we consider positive and foundational, and perhaps one might think that it is more important than the scientific one, which, from a certain point of view, is true. Ultimately, it is very important for an entire people to recognize itself in certain ideals that make it a nation, rather than a real critical knowledge that always and anyway puts everything in doubt.
To give an example: in school books we find an unqualified exaltation (senza SE e senza MA) of our Risorgimento (the name itself indicates it) in which the patriots, the liberals are the good guys, the reactionaries and the Austrians are the bad guys.
In reality, the events are much more complex and the general judgment can also be considered from other points of view.
For example, we consider Garibaldi and Mazzini as fathers of the homeland, but in effect post-unification Italy is completely different from the one dreamt of by Mazzini and Garibaldi. The facts are interpreted in a certain way, some ignored and others exalted and sometimes even falsified.
It seems that all the people were with the liberals and oppressed by the absolute monarchs and their followers: in reality this is not the case, because liberalism was the patrimony mainly of the educated classes and therefore of the affluent ones. Thus, the Garibaldini are glorified but post-unification brigandage is ignored. Everyone knows the battle of Calatafimi and the Volturno, but few know about the massacre of Pettorano and the battle of Macerone.
We sometimes have real falsifications. Thus, for example, in the very famous "La spigolatrice di Sapri" (The Gleaner of Sapri), taught for over a century in all schools, a peasant woman (gleaner) is shown as fascinated by and supportive of the “300 young and strong who have died,” killed by the wicked Bourbon soldiers: in reality, they were massacred by the peasants and even by the peasant women, who were also fierce and ruthless, while those who surrendered to the soldiers had their lives spared and were freed a few years later with the arrival of the Garibaldini.
But the idea of an Italy freeing itself from foreigners and pro-Austrian kings has shaped our national consciousness, a prerequisite for our nationality. But in reality, only Lombardy-Venetia was part of the multi-national Austrian empire.
Thus, the Neo-Bourbon revisionists re-evaluate the Bourbons: it is necessary then to examine their arguments which can perhaps be rejected, but we cannot say that their interpretation, being revisionist, is wrong.
Revisionism is seen above all in the evaluation of the Partisan struggle and of Fascism.
There is always talk of a German invasion, but in reality, if Italy surrendered to the Allies (it was called an armistice), certainly the Germans could not allow them to pass through our entire territory undisturbed to reach their borders.
In reality, as in the Garibaldian enterprise, it was always a civil war in which one part of the Italians continued to believe in Fascism and to fight as allies of the Germans, and another part, the partisans, revolted against them, while the great majority only waited for all that horror to finally end, thinking that the outcome of the war was already certain and therefore everything was useless.
Then, especially in the 60s, the sanctification of the partisans was born.
Certainly, the partisans were on the right side, but this does not mean that they were not caught up in the tragedy of war.
War is not a sports competition where the one who breaks the rules loses, but a horrible tragedy where the one who uses the means that lead to victory wins, no matter how terrible.
Atrocities are inevitable due to hatred, fear, vengeance: combatants are not noble knights without blemish.
That there were atrocities committed by the partisans too is obvious; one does not need to read Pansa, it is enough to see "La ragazza di Bube" (Bube's Girl), whose author was certainly not a Fascist.
The atmosphere was the one described, in which Bube kills the son of the marshal who had nothing to do with it.
But our republic is founded on democracy and therefore it is necessary for the entire people to become aware of this, thus identifying the partisans with good and the Fascists and Germans as evil.
This year marks the 45th anniversary of the Bologna bombing, the attack that caused the largest number of victims in our recent history and, as far as can be recalled, in the past as well.
For 45 years, all speakers and mass media have been repeating that it was the work of fascist terrorism, with the support of the secret services, Licio Gelli's P2 lodge, and above all, obscure political connivance linked to the "strategy of tension."
No one seems to doubt the convicted neo-fascists, as the sentences are now final. It is hoped, and competent authorities—the judiciary—are urged, to uncover the masterminds and the shadowy instigators of that terrible massacre.
Was it the Masonic P2 lodge, rogue secret services, and political connivance that planted that bomb and many others as part of the strategy of tension? Do we truly have such certainty about the masterminds and perpetrators?
Let's do a simple thought experiment. It's enough to reflect a little on the inconsistency of any possible political motive to realize that there could be no intricate political plot, but only the actions of reckless people who have lost touch with reality, if not a mere fortuitous incident.
Let's look at the facts from a substantial point of view, without going into detail.
The fundamental problem is that the purpose of that massacre is not understood at all. The idea that it was aimed at a dictatorial coup (say, a fascist one) is completely out of the question: why would it have been? It would clearly have been attributed to neo-fascists, as indeed it was. We speak of an attempt at destabilization, but what does destabilization mean? Would people, in the face of a fierce attack attributed to fascists, have supported a fascist coup? Or would they have risen up against democracy? Or other such things? These seem like obvious nonsense to me.
In a purely theoretical sense, could the goal have been to provoke a communist revolution in reaction, or more modestly, a shift of the electorate to the left? But who would ever believe such nonsense?
Therefore, lacking a rational purpose, it was the work of right-wing, left-wing, or center-wing extremists, or a simple madman, or just a fortuitous explosion of material brought by Palestinians, Israelis, Americans, or Martians.
All the hypotheses formulated—and we could make hundreds of them—are just fantasies that have no basis.
Therefore, WE DO NOT KNOW. This seems to be the obvious truth.
However, there is an appeal to judicial truth, but one must not confuse judicial truth with truth itself. Let's set aside the reliability of Italian and foreign judiciaries, but error is always possible. For example, in the case of Ilaria Alpi, a poor Somali man ended up with a life sentence based on the testimony of a fellow countryman who later retracted it (not even in court), and he was then freed.
It would be a strange idea for historical truth to coincide with legal truth: for example, were the victims of the Stalinist purges truly guilty of treason? We could use the example of Pimentel Fonseca or even of Jesus.
From a historical point of view, sentences must be evaluated in the climate in which they were issued, considering the reliability of the evidence on which they are based. It would not be possible here to review all the sentences with the thousands of pages that justify them. Let's limit ourselves to a few examples.
Regarding Mambro and Fioravanti: they proudly admitted to all the crimes they were accused of, almost as a merit, but they always rejected any involvement in the Bologna events. The first court of appeal acquitted them.
The judges relied on the testimony of a certain Sparti, who was, however, contradicted by his family and later even retracted his statement: does this seem like reliable testimony? Certainly not. Furthermore, Sparti's testimony consisted only of having seen Mambro and Fioravanti, and his claim that they carried out the attack was merely his supposition.
Are life sentences given on such vague evidence?
Bellini: he was supposedly present, but only based on a photo that his wife, who was on bad terms with him, recognized 40 years later, and from an expert who claims to be certain, despite other evidence that places him somewhere else at that time. Does this seem like reliable testimony to you? It doesn't to me.
But even assuming that Bellini was at the station, this does not mean that he helped the other two in the attack. He might have denied it simply to avoid being charged, as indeed happened.
I am not claiming that the convicted individuals were not guilty, but only that there is no evidence that has a minimum of credibility. It may all be true, but WE DO NOT KNOW.
The statement that a lie repeated a thousand times becomes a truth is attributed to Goebbels (but this is not accurate). In the same way, by repeating it relentlessly, even German civilians became convinced that Jews were sub-humans, yet it was so simple to realize that this was nonsense.
Thus, after 45 years of repeating these fantasies, these baseless assumptions, these inconclusive arguments, they have become absolute truths. And anyone who questions them seems like a heretic, a moral accomplice, and is pointed to with contempt by everyone. But in reality, it is enough to consider that the attack could not have had any of the purposes attributed to fine and astute minds, as the conspiracy theorists would have it.