Libyan leader Muammar Gaddafi, will be tried inside Libya.
Speaking at a Press conference, Luis Moreno-Ocampo said Libya has the right to prosecute Saif al-Islam and Abdullah Senussi, former Libyan intelligence chief.
He also stressed that ICC judges should be involved in the trials of the two suspects.
Ocampo is in Tripoli for talks with new Libyan leaders about charges and trials of Saif and Senussi, both wanted by the ICC for alleged crimes against humanity.
The ICC issued warrants on June 27 against Saif, his father and Abdullah Senussi, intelligence chief of Gaddafi’s regime, on charges of crimes against humanity in cracking down on anti- Gaddafi protests.
Spokesman of the ruling National Transitional Council (NTC) Abdul Hafid Ghoga told reporters on Sunday that Saif would be tried in Libya rather than in The Hague, Netherlands, where the ICC is based.
Libyan interim Prime Minister Abdel Rahim el-Keeb has promised a fair trial for Saif, who was seized in a southern Libyan town on Saturday after having been on the run since forces of the NTC took over Tripoli in late August.
Senussi, the brother-in-law and former right-hand man of Muammar Gaddafi, were captured on Sunday in a southern Libyan desert town. Muammar Gaddafi and his another son, Mutassim, were captured alive by NTC forces in his hometown Sirte in late October, but both were being lynched shortly.
Meanwhile, Col Gaddafi’s youngest son Khamis is still alive, a Libyan defence ministry source told Xinhua on Monday.
According to the high-ranking official who requested anonymity, Saif al-Islam told ruling NTC forces that his young brother Khamis is still alive.
The NTC forces have located Khamis’ whereabouts in Terhouna, a city 90km southeast of Tripoli, and are expected to capture him in the coming hours, the defence ministry official said.
Khamis’ death was announced several times since Libya’s conflict erupted. The NTC fighters claimed Khamis’ death in the southeast of Tripoli on August 29, an allegation later “confirmed” by a pro-Gaddafi Syrian television station. – Xinhua.



