International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] said Thursday that Libya has gathered evidence to bring Saif al-Islam Gaddafi [BBC profile; JURIST news archive] to trial. Saif al-Islam, the son of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive] was indicted [JURIST report; case material] in June by the ICC for hiring mercenaries to kill civilians who protested the rule of his father. Ocampo, who is in Libya to discuss the case with government officials, said that the Libyan government has until the end of April to present the evidence to the court to determine whether Libyan courts or the ICC will try Saif al-Islam. If he is being found guilty by a national court, he could face death the penalty but would face a prison term if convicted by the ICC.
The issue of which court is going to try Saif al-Islam has been in dispute since he was captured [JURIST report] by Libyan rebel forces in November. Last week, Ocampo asked the ICC to report Libya to the UN Security Council [official website] for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country. In February 2011, the UN Security Council voted unanimously to refer the matter in Libya to the ICC prosecutor [JURIST report]. The ICC claimed jurisdiction over Saif al-Islam despite its announcement in November that it may allow Libya to conduct the trial [JURIST report].