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Tug of war over Gadhafi's son

April 5, 2012

The Hague-based International Criminal Court has demanded that Libya hand over Mohamar Gadhafi's son for trial. Libya's government wants to put Saif al-Islam Gadhafi on trial at home.

Saif al-Islam Gadhafi
Image: AP

The International Criminal Court on Thursday called on Libya to hand over Saif al-Islam Gadhafi for trial.

The Hague-based court demanded that Tripoli "comply with its obligations to enforce the warrant of arrest" and surrender him into the court's custody. This came after the ICC rejected a request by Libya's leaders to delay the handover.

The international court issued a warrant for his arrest back in June after prosecutors produced evidence that he had been involved in the shooting of protesters during the revolt against the rule of his father, Mohamar Gadhafi, last year.

The 39-year-old suspect was captured by a Libyan militia near the country's border with Niger last November.

The ICC argues that a UN Security Council resolution gives it jurisdiction in the case. Libya's government, however, wants to put him on trial at home. A government spokesman declined to directly comment on the matter during a press conference in Tripoli, but did indicate that the authorities were still planning to put Gadhafi on trial in a Libyan court.

"The justice ministry announces that the central prison preparations have been completed. They are ready for the trial of Saif al-Islam and it will be soon," the spokesman said.

If found guilty by a Libyan court, Saif al-Islam Gadhafi could face the death penalty, while the maximum penalty that the ICC could hand down is a lengthy prison sentence.

Gadhafi's supporters have expressed the hope that he would be handed over to the ICC, as they fear that he would not get a fair trial in Libya. Human rights groups, such as the New-York-based Human Rights Watch, also say he would likely get a fairer trial in The Hague.

pfd/tm (Reuters, dpa)

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