Libya's Interim Justice Minister Mohammed al-Allagui has confirmed that Saif al-Islam will not be handed over to the International Criminal Court (ICC) to face trial in the Hague.
Instead, Colonel Gaddafi's son and heir, who was captured by militia forces in the southern town of Obari on Saturday, will be tried in Libya, even though the government has yet to establish a working courts system.
"In a nutshell, we are not going to hand him over," said Allagui, when asked about Saif's trial, despite the ICC's chief prosecutor Luis Moreno-Ocampo travelling to Tripoli for talks on the ICC's jurisdiction.
It is unclear whether Abdullah al-Senussi, Gaddafi's recently captured spymaster, who has also been indicted by the ICC for crimes against humanity, will face trial at home or abroad.
"Saif is captured so we are here to ensure co-operation," said Moreno-Ocampo. "If they prosecute the case, we will discuss with them how to inform the judges, and they can do it, but our judges have to be involved."
Saif is still being held in the mountain town of Zintan, southwest of the capital, awaiting transfer to Tripoli, while al-Senussi is being held in the city of Sabha.
On Monday, new video emerged of Saif hours after his capture.