Luis Moreno-Ocampo, prosecutor for the International Criminal Court (ICC) has said the court is still in negotiations with Saif al-Islam Gaddafi regarding his possible surrender to the Hague Court. Although direct contact has not yet been made between Moreno-Ocampo and Gaddafi, intermediaries have expressed Saif's concerns that under the terms of the arrest warrant he could be returned to be tried in Libya where he has no expectation of an impartial trial.
reported that Moreno-Ocampo said Saif
"may request the judges not to order his return to Libya after his conviction or acquittal."
Libya's National Transitional Council want to try Saif in Libya but the Moreno-Ocampo said that the decision would
"be for ICC judges to rule on any 'challenge' for jurisdiction over Seif made by the new government."
Another possibility that is open to the ICC is for the court to try Saif in Libya, rather than allow a Libyan court to hold the trial. (TVNZ
) Libya's Deputy U.N. Ambassador Ibrahim Dabbashi promised "consultation and close cooperation" with the ICC. According to Alarabiya
Moreno-Ocampo clarified the situation if Saif is to hand himself over to the ICC, saying “
If Saif surrenders, he has to go to The Hague, then immediately he will go before the judges, who will inform him of his rights, and then his lawyer will have to start to receive our evidence, and then we go to the confidential charges.”
Meanwhile the possibility exists that Saif may be spirited away by paid mercenaries rather than falling under the jurisdiction of either court. Aware of the possibility Moreno-Ocampo said
"We are calling upon states to do all they can to disrupt any such operation."