"I'm here because I am still investigating crimes", The International Criminal Court Prosecutor declared to journalists upon his arrival in Tripoli.
Asked if he came to conclude a deal with the Libyan government, which has so far refused to hand over Saif al-Islam to the ICC, he said: "I am a prosecutor at the ICC, I don't make deals. We apply the law (…) The judges of ICC ordered (Libya) to surrender Saif. The Libyan government says they will challenge the admissibility of the case before the end of April and then the judges will decide."
Tuesday, Libyan Minister of Justice told the BBC that a deal was about to be finalized with the ICC, allowing Saif al-Islam to be tried in Libya under ICC supervision.
Soon after this declaration, Gaddafi defence lawyers Xavier-Jean Keita et Melinda Taylor filed a motion before the ICC claiming there was “a strong perception that the ICC Prosecutor has aligned himself to the interests of the Libyan authorities”, and thus requesting his recusal.
The ICC is not allowed to supervise local proceedings. However, it could try the accused in Libya if it were to be before ICC judges, applying ICC penal code.
Saif al-Islam Gaddafi is wanted by the court to face charges of crimes against humanity committed after February 2011.He has been held by a militia in Zintan since he was arrested on November 19, 2011.