Libya pledges Gaddafi’s son will get a fair trial in his homeland

Mahmoud Shammam said Libya’s National Transitional Council will discuss its decision with the ICC’s chief prosecutor when he visits Libya today. Saif al-Islam is wanted by the ICC on charges of crimes against humanity.

But Mr Shammam insisted that it would only be fair for Libyans to try 39-year-old at home where he “committed crimes against Libyan people”.

Saif al-Islam was captured in the desert of southern Libya as he tried to flee to Niger. Yesterday, Gaddafi’s intelligence chief Abdullah al-Senoussi was captured alive by a brigade from a southern region called Fazan.

He is also wanted by the International Criminal Court.

Foreign Office Minister Alistair Burt said the Government had confidence that the trial of Saif al-Islam would be held to international standards and that Libya’s leaders will use it to demonstrate their difference from Gaddafi’s brutal regime.

He told Sky News: “It’s very important that Saif al-Islam does have a fair trial, that he answers the charges that have been levelled against him by the Libyan people and we will support that process.

“I think the new Libyan government does understand what is at stake here. They want to show that their government is different from the regime and this trial, this opportunity to demonstrate that, is very important for them.

“I honestly think at this stage that it is much too early and rather presumptuous for all of us to be telling them what to do. Safeguards are important but people are already on their way to work those out with the Libyan authorities.”

He added: “I think there is an issue of sovereignty involved. I think there is an issue of pride of what has been achieved in the revolution in Libya.

“These are people who understand what is at stake and are going to work with the International Criminal Court and we will provide all assistance to both to find the best answer as to now what to do with the trial and the facing of justice of Saif al-Islam.”

Meanwhile, Shadow Chancellor Ed Balls insisted Labour had “nothing to fear” about what might come out about the party’s links with the Gaddafi regime.

The senior Labour MP said there “was no doubt” Tony Blair, Gordon Brown and the Foreign Office’s intelligence experts thought at the time that talks with the Libyan regime about disarmament were a “positive step forward”.

He added: “They went in to it with open eyes and the possibility of progress. Now clearly, Colonel Gaddafi ended up breaking agreements, not making progress, and I don’t think a Labour government or any government should have anything to fear from open disclosure.”

Earlier, Prime Minister David Cameron offered support to the court and the Libyan government. “It is a great achievement for the Libyan people and must now become a victory for international justice too,” he said.

“He could have contributed to a more open and decent future for his country, but instead chose to lead a bloody and barbaric campaign against his own people. The fate of the Gaddafis should act as a warning to brutal dictators everywhere.”

Mr Cameron said Britain will offer every assistance to the Libyan government for the trial.