Libyan authorities are willing to try Gaddafi’s son on their soil. However, the first criteria to fulfill was to show that an investigation has started. “The applicant has demonstrated that it has taken concrete steps to investigate the same person for the same conduct at issue in the case before the ICC”, Moreno Ocampo writes.
He then stresses that “Saif Al-Islam still does not have a defence lawyer in the national proceedings and the relationship between the national authorities and the Zintan militia who arrested him and still have custody over him is not clear”.
In such circumstances, Luis Moreno Ocampo admits that the “government of Libya may be unable to move the case forward”. He suggests that the ICC judges could to hear Libyan general Prosecutor for more information on the case.
In its application dated May 1st, Libya told the ICC that Saif al-Islam was about to be transferred from Zintan to a secure jail in Tripoli, and that he would be officially indicted within three weeks. So far, the accused is still held in Zintan and has not been officially indicted.