On Monday Luis Moreno Ocampo, the International Criminal Court's prosecutor will travel to Tripoli to discuss trial arrangements for the son of Colonel Muammar Gaddafi.
After his hated father was lynched at the hands of a mob, the ICC and Libya's interim government are determined that in the case of Saif Gaddafi justice should be seen to be done.
But where justice is done, Libya or The Hague, could be a source of conflict between a new Libyan government and the international community that helped it overthrow the Gaddafi regime.
Libya is not a signatory to the ICC, the war crimes court set up under the 1998 Rome Statute in The Hague and despite indicting Saif Gaddafi its prosecutors do not have the right to enter Libya to arrest him.
Libyan leaders have promised that the 39-year-old will have a fair trial but have made it clear that they want him in the dock in Libya, where he faces the death penalty.
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ICC officials have insisted that under United Nations resolutions, that gave the go ahead for military action against Gaddafi, Libya is obliged to cooperate.
"Should the Libyan authorities wish to try him in Libya, they can make the case before the court that their national judicial system is willing and able to do so in an independent and impartial manner," said Christian Wenaweser, a senior ICC official.
Human Rights Watch has warned that "public opinion is inflamed and there's no culture of a justice system" in Libya after four decades of rule under Gaddafi.
"The challenges are very high. There is so much anger and the justice institutions in Libya are not functioning today," said Fred Abrahams of HRW.
"Our position is that he has to be transferred to The Hague and then the Libyan authorities can ask for his transfer."
Britain yesterday indicated that it is sympathetic to a Libyan trial held with ICC assistance.
"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," said Alistair Burt, a Foreign Office minister.
"I think at this stage we should allow them to get on and do their job between them and work out where the best place for a trial would be with international conditions and plainly international observance and monitoring."
Orignal From: Libya lack of justice system raises confusion over where Saif Gaddafi will face trial
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