The International Criminal Court prosecutor asked judges on Thursday to report Libya to the UN Security Council over its failure to extradite Seif Gaddafi.
But the Libyan Justice Minister said Libya would not send Seif to the ICC and instead will put him on trial in his own country, Justice Minister Ali Ashour said last week.
Luis Moreno-Ocampo asked a panel of judges to reject an appeal filed by Libya on Tuesday requesting more time to transfer Seif to the Netherlands.
The son of the brutal dead dictator who played a major role in the atrocities committed by his father during the Libyan uprising needs to face trial in Libya and held accountable to crimes he committed against the Libyan people.
“The fact that the Libyan authorities have filed a request for leave to appeal does not exempt them from compliance with the chamber’s decision,” Ocampo said.
“ICC decisions are binding until such time as they are reversed, or suspended,” he added.
Ashour stressed that “there is no intention to hand him (Saif) over to the ICC, and Libyan law is the right system to be used to try Saif Gaddafi.”
The move by Ocampo last week contradicts his statements when he visited Libya right after the capture of Seif, then he said Libya could hold the trial for him inside the country.
Seif is accused of committing war crimes and crimes against humanity by ICC itself.
He denied allegations of mistreatment made by an ICC defense lawyer, who said this week that Saif al-Islam had been beaten and had been misled about the charges against him. “He eats with the people who guard him, and he is in good condition,” he said.
The ICC issued a warrant for Saif al-Islam in June last year, after prosecutors accused him and others of involvement in the killing of protesters during the revolt that eventually toppled and killed his father, Muammar Gaddafi, in August.
Ahmed al-Jehani, the Libyan lawyer in charge of the Saif al-Islam case and who liaises between the Libyan government and the ICC, said on Wednesday that the Zintan fighters who captured and hold Saif al-Islam in a secret prison in Zintan want him tried locally.
“Libyan authorities have also been cautioned of the consequences of non-cooperation, but have taken no steps to commence the implementation of Mr. Gaddafi’s surrender to the ICC,” the prosecutor added.
The ICC can report countries refusing to cooperate to the United Nations. The Security Council could impose penalties, but such steps would need the support of all permanent members.
Source: Tripoli Post