'ICC trial for Saif al-Islam could be in Libya'
The Hague: The trial of deposed Libyan
leader Muammar Gaddafi's son Saif al-Islam could be held in
Libya under the auspices of the International Criminal Court,
the ICC's chief prosecutor said on Friday.
Luis Moreno-Ocampo also proposed two other options to put
Seif in the dock for crimes against humanity in the attempt to
put down Libya's popular revolt, sparked in mid-February.
"The prosecutor proposed as a third possibility that the
ICC might, subject to judges' approval, conduct the trial
against Seif al-Islam in Libya," Moreno-Ocampo said in a
document submitted to the Hague-based court.
"This process could start with a first appearance and
subsequently with a confirmation of charges on Libyan
territory," he said, adding that Tripoli "did not rule out
that option, but also did not endorse or accept it."
Moreno-Ocampo also proposed two other options, namely
Libya asking the ICC to decide whether a Libyan court could
prosecute Saif, or Libyan courts trying Seif for other crimes,
for which he is wanted in Libya, with the ICC prosecuting him
on separate charges of crimes against humanity.
But the Argentinian prosecutor said should ICC judges
decide in favour of Libya trying Saif, it was "not within the
mandate of the office of the prosecutor to serve as an advisor
or to monitor a domestic trial."
The ICC's own mandate says it can only prosecute those
accused of genocide, crimes against humanity and war crimes if
a state's national courts are unwilling or unable to
investigate and prosecute them.