International Criminal Court [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] said Wednesday the ICC would allow Libya to conduct the trial of Saif al-Islam Gaddafi, son of former Libyan leader Muammar Gaddafi [BBC profile]. Despite concern from human rights groups, including Human Rights Watch [advocacy website], about whether Saif al-Islam Gaddafi can receive a fair trial [HRW report] in Libya, Ocampo said he trusts the new Libyan government will be able to try him fairly [AP report] and maintained that the ICC will not intervene as long as it does not stray from ICC standards. The ICC issued a statement [text] Wednesday clarifying that, "[s]hould the Libyan authorities wish to conduct national prosecutions against the suspect, they shall submit a challenge to the admissibility of the case before Pre-Trial Chamber I. ... Any decision on the admissibility of a case is under the sole competence of the Judges of the ICC." On the issue of the trial of Muammar Gaddafi's former intelligence chief Abdullah al-Senussi, Ocampo denied reports [Global Post report] by Libya's National Transitional Council [official website] that he had been captured.
Ocampo arrived in Libya [JURIST report] Tuesday to discuss details of Saif al-Islam and al-Senussi's trials with Libyan officials and decide where they should be held. Gaddafi's son was captured by Libyan opposition forces Friday after arrest warrants were issued by the ICC for Gaddafi, him and al-Senussi in June. Military and National Transitional Council officials confirmed [Global Post report] al-Senussi's capture Sunday, but that is not being called into question.