ICC Prosecutor Luis Moreno Ocampo says his court is "not competing" with Libya's fledgling legal system, "we are helping them".

International law observers have expressed concern that Saif Islam Gaddafi will not face acceptable standards of justice and will likely face summary execution at the hands of a poorly constructed trial, along the lines of that faced by Saddam Hussein in 2006.

There has been some debate over whether the ICC in The Hague or Libya itself should pursue the prosecution against the Gaddafi heir apparent, and the former intellgence chief Al Sanussi. But Ocampo was quick to stress in today's press conference in Tripoli that although his "Investgations are ongoing"... (Libya's) national courts have primacy".

The ICC's Rome Statute defines it as a court of last resort and that before the ICC steps in to deal with any case around the world, a country's national system should deal with it if it is capable. Optimists argue that given time Libya's post-Gaddafi government will be up to this task.

Yesterday ICC legal proceedings were formally terminated against Muammar Gaddafi who was at last offically recognised as dead.