In an application filed with the court on May 1, 2012, Libya requested that the order to surrender of Saif Gaddafi be quashed and the case be declared inadmissible. According to the application, since Libya has taken steps towards prosecuting Saif Gaddafi in its domestic courts, with guarantees of due process and fairness, the ICC lacks jurisdiction under the principle of complementarity embodied in Article 17 of the Rome Statute.
The application further argues that a domestic trial of Saif Gaddafi is an essential component of Libya’s efforts to move towards reconciliation, democracy, and the rule of law, and cites the progress made since the formation of the National Transitional Council in February 2011.