(CNN) -- The battle continues over which court should try the son of deceased Libyan dictator Moammar Gadhafi.
In the latest sign of a growing divide, the International Criminal Court on Friday rejected Libya's bid to try Saif al-Islam Gadhafi and asked the nation to hand him over.
Libya has consistently
challenged the ICC's demand to try Gadhafi, saying the Hague-based court
does not have jurisdiction in the case.
Gadhafi, who has been
held in the Libyan city of Zintan since his capture in 2011, faces
charges of crimes against humanity linked to the uprising that ousted
his father about two years ago.
The pre-trial chamber of
the court questioned Libya's ability to prosecute the younger Gadhafi,
saying the nation's judicial institutions are not well-established
following the uprising.
"The Chamber found that multiple challenges
remained and that Libya continued to face substantial difficulties in
exercising its judicial powers fully across the entire territory," the
court said in a statement.
In addition to other
challenges, the court said, securing legal representation for him in
Libya will put the lawyers involved at risk and impede the proceedings.
Last year, lawyers said
Gadhafi was in isolation except for visits from officials. He also
suffers dental pain, and Libyan authorities have given him nothing to
remedy that, according to the lawyers.
Libya and the ICC have
been going back and forth since his capture, with the court saying the
nation is obligated to surrender the suspect.
Saif Gadhafi, once his father's heir apparent, was seized by militants in November 2011 as he tried to flee the nation.
A month before, his father was killed after rebel forces captured him near Sirte.
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