The new Libyan regime is reportedly refusing to hand over Gadhafi’s son Saif al-Islam and ex-“Intelligence Minister” Abdullah al-Senussi to the “International Criminal Court” in the Hague for prosecution, promising that they will receive a fair trial in national courts instead. But the ICC has not given up yet as its chief prosecutor arrived in Tripoli for discussions with the new government on November 22.

The self-styled international court of universal jurisdiction issued arrest warrants for both men and the late tyrant this summer following months of civil war. But the elder Gadhafi was brutally killed by rebel forces after his convoy was struck by Western warplanes. Most of his other children and even some of his grandchildren were killed by NATO bombs during the regime change operation.

The younger Gadhafi and heir-apparent Saif al-Islam — who just weeks ago vowed to die fighting — was captured over the weekend by militiamen in the southern desert, supposedly on his way across the border to Niger (if his captors are to be believed). The former regime’s spy boss was caught shortly after that. Both are currently being held prisoner by militia forces.

While the ICC and most Western governments claim Libya’s new rulers must hand over the duo to “international authorities,” Libyan officials are holding firm. Various interim “ministers” said the two should be tried in their homelands. Plus, the new government — like the United States — has not signed on to any purported world-court agreement.

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Photo: ICC prosecutor Luis Moreno Ocampo is accompanied by Libyan Interim Justice Minister Mohammed al-Alagi (out of picture) as he arrives in Tripoli, Libya, Nov.22, 2011: AP Images