(Reuters) - The International Criminal Court's chief prosecutor conceded Tuesday that the captured son of Muammar Gaddafi may be tried in Libya rather than in The Hague, meaning he faces the death penalty if convicted.
The Hague-based ICC has indicted Gaddafi's son, Saif al-Islam, for crimes against humanity. But Moreno-Ocampo said Saif al-Islam, who was captured Saturday, could be tried inside Libya as long as the trial complies with ICC standards.
"Saif is captured so we are here to ensure cooperation. Now in May, we requested an arrest warrant because Libyans could not do justice in Libya. Now as Libyans are decided to do justice, they could do justice and we'll help them to do it, so that is the system," he told reporters on his arrival in Tripoli.
"Our International Criminal Court acts when the national system cannot act. They have decided to do it and that is why we are here to learn and to understand what they are doing and to cooperate."
Libyan officials have promised a fair trial but the country still has the death penalty on its books, whereas the severest punishment the ICC can impose is life imprisonment.
"The law says the primacy is for the national system. If they prosecute the case here, we will discuss with them how to inform the judges and they can do it. But our judges have to be involved," said Moreno-Ocampo.
Saif al-Islam was captured in an ambush deep in the Sahara desert and is now being held in the town of Zintan, in the Western Mountains region where his captors are based.
