All political prisoners detained in Tripoli, Zintan and Misrata, are outside the jurisdiction of recognized state territory. Therefore, an order from the United Nations Security Council or the ICC demanding the release or surrender of a prisoner, would find no legitimate target. A.V.
Libya’s failure to surrender Mr Gaddafi to the Court should be referred to the Security Council.
The Prosecutor v. Saif Al-Islam Gaddafi
Situation in Libya
Public Court Records – Office of the Prosecutor
|Response : 04/12/2014||Phase: Pre-trial|
Prosecution Response to “Defence Request concerning Mr. Gaddafi’s continued detention in Libya” of 19 November 2014, ICC-01/11-01/11-575
ICC-01/11-01/11-576 – Original: English