Skip to main content

Libya challenges International Criminal Court's order to hand over Saif Gadhafi

By the CNN Wire Staff
updated 7:55 AM EDT, Tue October 9, 2012
Libyan authorities want to try the son of late Moammar Gadhafi in Libya.
Libyan authorities want to try the son of late Moammar Gadhafi in Libya.
  • The two-day hearing is scheduled to run through Wednesday
  • Libyan authorities want to try the son of late strongman Moammar Gadhafi in Libya
  • Libya and the ICC have been arguing over his case since his arrest last November

Read a version of this story in Arabic.

(CNN) -- The Libyan government argued Tuesday that it should not have to hand over Saif al-Islam Gadhafi to the International Criminal Court because the court in the Hague, Netherlands, does not have jurisdiction in the case.

Gadhafi, son of deposed strongman Moammar Gadhafi, was facing an arrest warrant from the ICC for alleged crimes against humanity at the time of his capture in November 2011. The court is still seeking to prosecute him and wants him handed over.

Gadhafi has been held in the Libyan city of Zintan since his capture. The two-day hearing is being held in the Hague.

Read more: Libya granted more time on Gadhafi question

The ICC has demanded that Libya hand Gadhafi over to face accusations of crimes against humanity. Libya appealed the decision, saying that he should be tried at home.

Libyan PM: Fair trial for Saif Gadhafi
Gadhafi's son remains held in Zintan
Gadhafi Son Captured

Court-appointed attorneys Melinda Taylor and Xavier-Jean Keita said in April that Gadhafi has been mistreated and "physically attacked" since his capture.

Live blog: Gadhafi releases taped message

In a strongly worded statement, the lawyers described Gadhafi as being in a legal black hole, held in total isolation except for visits from officials. He also suffers dental pain because he hasn't had treatment, and Libyan authorities have given him nothing to remedy the pain, the lawyers said.

The Libyan government wants to prosecute Gadhafi itself, as it "regards the trial of Saif al-Islam and Abdullah al-Senussi as a matter of the highest national importance, not only in bringing justice for the Libyan people but also in demonstrating that the new Libyan justice system is capable of conducting fair trials (that meet all applicable international standards) in complex cases."

Al-Senussi, who was Libya's chief of intelligence under Moammar Gadhafi's, is wanted by both the ICC and the Libyan government. He was arrested in Mauritania in March.

Read more: Libyans celebrate capture of Gadhafi's son Saif al-Islam

The appeal document also seeks to answer ICC concerns about Saif al-Islam Gadhafi's well-being, saying the government "has expended considerable resources in order to ensure the safe and secure temporary custody" of Gadhafi in Zintan and is negotiating to bring him to the capital, where facilities would be better.

Amnesty International has previously called on Libya to hand over Gadhafi.

"An unfair trial before a Libyan court where the accused could face the death penalty is no way to guarantee justice and accountability," the rights group said.

Amnesty has said that Libya does not have a functioning court system and the country was "unable to conduct effective investigations," so "the ICC will be crucial in delivering accountability in Libya."

Libya and the ICC have been going back and forth since his capture about where Saif al-Islam Gadhafi, once his father's heir apparent, will be tried.

Moammar Gadhafi died after his capture by opposition forces a year ago.

Part of complete coverage on
updated 10:26 AM EST, Wed February 6, 2013
Advocates say the exam includes unnecessarily invasive and irrelevant procedures -- like a so-called "two finger" test.
updated 7:09 PM EST, Tue February 5, 2013
Supplies of food, clothing and fuel are running short in Damascus and people are going hungry as the civil war drags on.
updated 1:01 PM EST, Wed February 6, 2013
Supporters of Richard III want a reconstruction of his head to bring a human aspect to a leader portrayed as a murderous villain.
updated 10:48 AM EST, Tue February 5, 2013
Robert Fowler spent 130 days held hostage by the same al Qaeda group that was behind the Algeria massacre. He shares his experience.
updated 12:07 AM EST, Wed February 6, 2013
As "We are the World" plays, a video shows what looks like a nuclear attack on the U.S. Jim Clancy reports on a bizarre video from North Korea.
The relationship is, once again, cold enough to make Obama's much-trumpeted "reset" in Russian-U.S. relations seem thoroughly off the rails.
Ten years on, what do you think the Iraq war has changed in you, and in your country? Send us your thoughts and experiences.
updated 7:15 AM EST, Tue February 5, 2013
Musician Daniela Mercury has sold more than 12 million albums worldwide over a career span of nearly 30 years.
Photojournalist Alison Wright travelled the world to capture its many faces in her latest book, "Face to Face: Portraits of the Human Spirit."
updated 7:06 PM EST, Tue February 5, 2013
Europol claims 380 soccer matches, including top level ones, were fixed - as the scandal widens, CNN's Dan Rivers looks at how it's done.
updated 7:37 AM EST, Wed February 6, 2013
That galaxy far, far away is apparently bigger than first thought. The "Star Wars" franchise will get two spinoff movies, Disney announced.
updated 7:27 PM EDT, Fri July 25, 2014
It's an essential part of any trip, an activity we all take part in. Yet almost none of us are any good at it. Souvenir buying is too often an obligatory slog.