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Libya fails to hand over former leader's son

December 10, 2014

The ICC has accused Libya of breaching an agreement to hand over Moammar Gadhafi's son, Seif al-Islam, to face charges related to the nation's violent 2011 uprising. It will now refer the case to the UN Security Council.

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Seif al-Islam Gaddafi
Image: dapd

The International Criminal Court (ICC) on Wednesday accused Libya of breaching an agreement to hand over Seif al-Islam Gadhafi, son of former Libyan leader Moammar Gadhafi, to face trial over charges related to the country's uprising that saw his father lose power three years ago.

The ICC said it would now refer the matter to the United Nations Security Council, but stressed that the move was not intended "to sanction or criticize Libya but solely to seek the assistance of the Security Council to eliminate impediments to cooperation."

It also asked the council to compel Libya to give up documents stolen from an ICC team who met with Seif in Libya in June 2012.

In 2011, a public revolt against Gadhafi's rule at the height of the Arab Spring protests lead to a NATO intervention and the downfall of his government.

After fleeing Tripoli, Gadhafi was eventually captured and killed by militants.

His 42-year-old son Seif was charged with crimes against humanity and for participating in the often violent attempted suppression of opponents to his father.

Formerly Libya's de facto prime minister, Seif al-Islam Gadhafi was arrested by fighters in November 2011 and has been held by Libyan militia members in the hilltop stronghold of Zintan since then.

In May this year, the ICC ordered Tripoli hand him over to authorities.

Gadhafi's lawyers want him to face trial in The Hague, where the death penalty cannot be imposed.

Libya has struggled to recover since Gadhafi was toppled more than three years ago, with rival groups battling for control of the desert nation.

In August the group "Libya Dawn" seized power, forcing the country's recognized prime minister Abdullah al-Thinni to flee.

The ICC said it recognized "the volatile political and security situation in Libya and stated that it was sensitive to the serious difficulties that Libya is currently facing."

On Monday the United Nations delayed a new round of peace talks between warring factions, which aimed at ending political fighting and violence.

An earlier attempt in June was unsuccessful.

an/mg (AFP, Reuters)