The death of former Libyan leader Muammar Gaddafi has sparked speculation about what this means for international justice. Obviously, the arrest warrant issued by the International Criminal Court (ICC) for crimes against humanity in June, will die with him.

By Geraldine Coughlan, The Hague

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But his son Saif al-Islam and spymaster Abdullah al-Senussi are still being sought by the ICC in The Hague, for murder and persecution allegedly committed across Libya in February, through the state apparatus and security forces.

There have been calls to put Gaddafi et al. on trial in Libya, by the rebel National Transitional Council, echoed by France and Britain. Saif al-Islam and Abdullah al-Senussi, if captured – or if they surrender – will face trial at the ICC, which was authorised to investigate the situation in Libya, by the UN Security Council.

As a result, the ICC – the world’s criminal court – has first say. So, the two must face trial in The Hague, not in Tripoli.

Cairo - why not Tripoli?
With Egypt's Hosni Mubarak on trial in Cairo, many are asking whether the National Transitional Council (NTC) could put other members of Gaddafi’s former regime on trial in Tripoli.

Libya has not signed up as a member of the ICC and as the court does not have its own police force, there’s no one available to go and arrest the ‘wanted men’ - Saif al-Islam and Abdullah al-Senussi.

But the Libyan rebels have said they will cooperate with the court. If so, they could transfer the two to The Hague, if they arrest them. The rebels would be able to put other Gaddafi supporters on trial though, as long as they are not wanted by the ICC.

More than enough evidence
The ICC's chief prosecutor Luis Moreno Ocampo says there is more than enough evidence to support claims that the Gaddafi regime has caused hundreds of victims among the country’s civilian population.

Ocampo says, for example, that Gaddafi, his son and security chief arranged for Viagra to be issued to military personnel so they could rape women.

As Ocampo is still investigating the situation in Libya, it is expected that he could add war crimes to his list of alleged crimes committed. He could also issue more arrest warrants, which would mean more members of the Gaddafi regime would face international rather than local justice.

Empty cell
The cell awaiting Gaddafi at the ICC's detention unit in The Hague, remains empty. But the cell doors are still open to Gaddafi’s son and spymaster.

As the 'great leader' himself will now not end up in The Hague, this means the world will not get to see its most high-profile suspect face international justice.