ICC: Libya has obligation to surrender Seif al-Islam Qaddafi

November 19, 2011 (AFP)

Libya has an obligation to surrender Moammar Qaddafi’s son Seif al-Islam, a spokesperson for the International Criminal Court said Saturday, but he did not exclude the possibility of a trial in Libya.

“An arrest warrant has been issued by the ICC. The Libyan authorities have an obligation to cooperate with the court,” Fadi El-Abdallah told AFP.

But he added: “If Libyan authorities believe that a trial at national level is a better solution, they can ask that the case not be admitted in The Hague based on the court’s complementary principle.”

The murdered Libyan leader’s 39-year-old son and one-time heir apparent was arrested in southern Libya, a senior National Transitional Council official said Saturday.

The ICC issued warrants on June 27 against Qaddafi, Seif and Qaddafi’s security chief Adullah al-Senussi, accusing them of crimes against humanity during the crackdown against Libyan protests.

The ICC’s jurisdiction is complementary to that of national courts, and it can only act when a member state is unwilling or unable to do so.

ICC chief prosecutor Luis Moreno-Ocampo told the UN Security Council earlier this month that his office was in contact “individuals linked to Seif al-Islam” to negotiate the terms of his surrender.