The decision lies in the hands of the Judges from the International Criminal Court where Saif al-Islam, the son of Gaddafi will face trial, the court’s prosecutor has said. ”The interesting thing is that the ICC wants to do justice on Saif [and] Libya wants to do justice on Saif, [so] there will be justice for Saif,” Moreno-Ocampo said.

The Hague-based court is in dispute with Libya’s ruling National Transitional Council over who should try Seif al-Islam Gadhafi, once considered his father’s successor.

Libya says he will be tried in his home country but its new rulers have been unable to prize him out of the hands of the militia fighters who caught him in the southern desert in November. Libya insisted Wednesday it will put a son of deposed ruler Moam.

“The judges of ICC ordered Libya to surrender Saif. The Libyan government says they will challenge the admissibility of the case before the end of April and then the judges will decide,” Moreno-Ocampo said.

He was captured last year in Libya after a civil war that toppled the Gadhafi regime. The ICC issued an arrest warrant for Seif in February 2011, faces charges of crimes against humanity during the uprising in Libya. Tripoli on April 10 appealed an ICC ruling calling for his immediate transfer from Libyan custody to prison in The Hague.