Libya's transitional government wants to try Moammar Gadafi's son Saif al-Islam in a Libyan court even though he has an arrest warrant issued by the International Crimes Court, according to a spokesperson Sunday.
According to CNN, Libya's NTC would prefer to try Saif al-Islam Gadhafi in a Libyan court so that he could receive a fair trial.
The Security Council referred the situation in Libya to the ICC and international law requires states to cooperate with them by arresting and trying all suspects at The Hague reported The Guardian.
The court believes that Saif al-Islam and his brother- in-law, Abdulla al-Sanussi, are responsible for crimes against humanity including murder and persecution, CNN reports.
According to the Guardian, the investigation in Libya remains open by the ICC, and further ICC arrest warrants are still possible.
Luis Moreno-Ocampo told CNN that if Saif al-Islam is tried by the ICC that he be allowed to have a defense and there would be no deals for his surrender.