"An arrest warrant has been issued by the ICC. The Libyan authorities have an obligation to cooperate with the court," Fadi El-Abdallah told AFP.
But he added: "If Libyan authorities believe that a trial at national level is a better solution, they can ask that the case not be admitted in The Hague based on the court`s complementary principle."
The murdered Libyan leader`s 39-year-old son and one-time heir apparent was arrested in southern Libya, a senior National Transitional Council official said Saturday.
The ICC issued warrants on June 27 against Kadhafi, Seif and Kadhafi`s security chief Adullah al-Senussi, accusing them of crimes against humanity during the crackdown against Libyan protests.
The ICC`s jurisdiction is complementary to that of national courts, and it can only act when a member state is unwilling or unable to do so.
ICC chief prosecutor Luis Moreno-Ocampo told the UN Security Council earlier this month that his office was in contact with "individuals linked to Seif al-Islam" to negotiate the terms of his surrender. (M016)
Editor: Kunto Wibisono
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