On his way to Libya, ICC Prosecutor was unequivocal that the ICC Judges ultimately will decide where Saif Gaddafi’s trial will proceed even if it in the end takes place in Libya. (Along with Saif Gaddafi, former intelligence chief Abdullah Al Sanousi is also indicted by the ICC and currently held by Libya’s new authorities). There has been much posturing as well as speculation by various interested factors. However, it is important to take note that the ICC is acting under UN Security Council mandate. It was also the UN Security Council resolution establishing a “no-fly zone” enforced by NATO that secured the success of the Libyan Revolution. Minimum Criteria/Considerations: The Prosecutor, Luis Moreno Ocampo stated through release of statement at the ICC: “The issue of where the trials will be held has to be resolved through consultations with the Court. In the end, the ICC judges will decide. There are legal standards which will have to be adhered to.” The criteria for deciding if the ICC will sanction a trial in Libya probably will include: • Can Saif Gaddafi and Sanousi receive a fair hearing/trial in Libya? • Will the procedures satisfy minimum standards consistent with ICC requirements? (Recall that the ICC does not require exclusive but rather offers complementary jurisdiction and most ICC state parties are expected to carry out their own prosecutions/trials with ICC as effective backup). • Treatment of Saif and Sanousi, but also Colonel Gaddafi and Mutassim Gaddafi will be a relevant consideration. • No death penalty – the ICC does not recognize/deliver such verdict and it is difficult to see how ICC would sanction any trial that can conclude in execution. (Read: diplomaticallyincorrect.org/films/blog_post/no-more-executions-by-ambassador-mo/41918). “Hybrid Court”? In the end, the ICC may reach a similar arrangement as it currently has been embarked upon with Cambodia to bring to trial former Khmer Rouge leaders for the “Killing Fields” trials. That process in function has been though muddled by complications of shared jurisdiction and functional problems. Perhaps those problems can be avoided in the case of Libya and Saif Gaddafi. It is also noteworthy though that the UN nor the ICC have legal jurisdiction over the grave violations committed during the late 1970’s, while the ICC since its establishment by the Rome Statue has clear authority and primacy, at least on basis of UN Security Council Resolution 1970. Film Report - “Libya Investigation/International Criminal Court” - diplomaticallyincorrect.org/films/movie/international-criminal-courtlibya-referral-un-security-council/25302). By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us at DiplomaticallyX “WarCrimesJustice” Channel - diplomaticallyincorrect.org/c/war-crimes-justice