Saif al-Islam Gadhafi is wanted by the International Criminal Court (ICC) to stand trial on accusations of corruption, murder, and rape. However, Libya refuses to let the ICC try Gadhafi. Instead, Libya wants to try him in their brand new courtroom in Tripoli. Libyan authorities have been holding Gadahfi for over four months. Libya has asked for more time so that Gadhafi can be tried in the country at the end of April. However, the chief prosecutor of the ICC, José Luis Moreno-Ocampo, has said that his patience with the Tripoli authorities has been exhausted, and “Libyan authorities have also been cautioned of the consequences of nonco-operation, but have taken no steps to commence the implementation of Mr Gaddafi’s surrender.”

While reports from Libya have stated that Gadhafi has been subjected to torture in the country, Gadhafi has also announced that he would like to be tried in Libya, whether they intend to execute him or not. On this issue, Amnesty International has reported that Gadhafi should not be tried in Libya, since the country’s justice system is “virtually paralyzed,” and unable to hold a fair trial.

Should Gadhafi remain in Libya to be tried, or should he be tried before the ICC? Which trial would be the most fair? Also interesting to note is that in the past, the UN and EU have ordered sanctions against Serbia and Croatia for failing to hand over war criminals, yet this is a new ground for the ICC.