The International Criminal Court begins a two-day hearing Tuesday on whether Saif al-Islam (pictured), the eldest son of late Libyan leader Muammar Gaddafi, should face trial at The Hague or in Libya for crimes against humanity.

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The International Criminal Court (ICC) begins a two-day hearing on Tuesday to decide where the eldest son of late Libyan leader Muammar Gaddafi should face trial for crimes against humanity.

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Saif al-Islam Gaddafi is accused by the international court for his alleged involvement in a deadly crackdown on dissent against his father’s rule last year. Libyan authorities say they want to prosecute him at home, where he is being held.

ICC spokesman Fadi El Abdallah said Libya will likely argue at Tuesday’s hearing that it is “capable and willing to prosecute Mr. Gaddafi”.

Under the Hague-based court’s founding statute, it can only step in if the country where the crimes were committed is unable or unwilling to prosecute.

The ICC's former chief prosecutor, Luis Moreno-Ocampo, said last November that Saif al-Islam Gaddafi could be tried inside Libya, provided there was a judicial process in place that could ensure a fair trial.

No ruling is expected this week on where Gaddafi will be tried.

(FRANCE 24 with wires)

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