Libya's National Transitional Council on April 5 refused a request from the International Criminal Court (ICC) to hand over Saif al-Islam Qaddafi, the son of former leader Moammar Qaddafi. Libyan officials have stated they will keep Saif al-Islam prisoner and he will stand trial within the country. This decision comes after the ICC ruled this week that Saif al-Islam must be handed over to the court, marking a departure from previous statements that Saif al-Islam could remain in Libya and be tried there. These statements were met with protest from human rights organizations that believed it would be almost impossible for Saif al-Islam to receive a fair trial in Libya. One of the big differences between the ICC and Libya is the possible sentence imposed if Saif al-Islam is found guilty—he faces the death penalty if found guilty in Libyan court, but only a prison term if convicted by the ICC. The ICC still claims jurisdiction over Saif al-Islam because it issued a warrant for his arrest last June.

From Jurist, April 5. Used with permission.

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