For readers interested in the fate of Saif Gaddafi, and whether he will be tried in Libya or at the ICC in The Hague, Dapo Akande has an important follow-up post at EJIL Talk. Dapo brings us up to date on the latest filings at the ICC, including the fact that Libya has not filed an admissibility challenge before the ICC. The delay is rather inexplicable, although perhaps the National Transitional Council is busy fulfilling their obligations trying to pull Libya together and restoring domestic security. Perhaps it is impressive that they managed to send a letter to the ICC.
In any event, Dapo extends the discussion with an important analysis of Articles 94 and 95 (and their relationship to each other) of the ICC Statute.
To remind readers, Dapo and I both argued that Libya may keep Saif in domestic custody pending the outcome of its admissibility challenge at the ICC (if one becomes necessary), while Kevin Heller argued at OJ that Libya has to send Saif to The Hague first and then request his return if it loses its admissibility challenge.