Libya challenging The Hague for Gaddafi son trial

The International Criminal Court in The Hague have said that the Libyan authorities have challenged the court's right to try Seif al-Islam Gaddafi on crimes against humanity, according to AP. Tripoli has always insisted that it wants to try the late dictator's son on home soil, and appears now to have followed through on its threat by issuing a formal submission challenging the court's jurisdiction. The ICC has urged the country's rulers to hand over Saif al-Islam, who is wanted on charges of killing and persecuting civilians in the early days of the uprising that eventually brought down his father. The Hague is authorised by the United Nations to try war crimes committed during Libya's civil war. The court said it has received a formal submission from Libya's new regime, arguing that Seif al-Islam should be tried on Libyan soil. The regime also argues that Gaddafi's former military intelligence chief, Abdullah al-Senoussi, should be tried in Libya. Seif al-Islam was captured by rebels last year and is being held in the western town of Zintan, while al-Senoussi was arrested last month in Mauritania. Libya is seeking his extradition. The conflict between the Hague and Tripoli boils down to the question of whether Libya is capable of conducting a fair trial for the pair. Under international law, a country has both the right and the duty to prosecute suspected war criminals. However, ICC spokeswoman, Sonia Robla, explained that once the court has issued an arrest warrant for a suspect, it cannot retract it unless judges believe suspects will be tried for substantially the same crimes they were indicted for, and that they will receive a fair trial. Libya's filing says it seeks to do exactly that. Tripoli's application states: "Libya respectfully submits that its own national judicial system is actively investigating Mr Gaddafi and Mr Senoussi for their alleged criminal responsibility for multiple acts of murder and persecution... amounting to crimes against humanity". Human rights groups have expressed concern that Seif al-Islam will not get a fair trial in Libya, especially given the central government's lack of control over some areas, including Zintan, in the aftermath of the civil war.