Libyan authorities say they have the right to try Saif al-Islam, late leader Moammar Gadhafi's son, in their own courts, provided the national judicial system was open and functioning.
Gadhafi was appointed Libyan lawyers during a court appearance in Tripoli in May. He's suspected of committing crimes against humanity, including murder, during civil war in 2011
An appeals chamber at the ICC said it rejected a Libyan request to suspend the surrender of Gadhafi to the court. The court said Thursday it "was not convinced" of Libya's assertions the surrender would create problems for the government.
Libya remains on edge nearly two years after the former leader died after falling into rebel hands in 2011. The current administration was criticized for bowing to pressure from armed elements frustrated with Gadhafi's lingering legacy over political affairs.
U.S. officials are still debating what went wrong in September when U.S. Ambassador to Libya Chris Stevens and three of his staff members died during a terrorist attack on the U.S. consulate in Benghazi.
Furor over the incident has died down, however. U.S. Rep. Ed Royce, R-Calif., chairman of the House Foreign Affairs Committee, postponed a Thursday hearing on Benghazi but said he remained committed to investigating the incident.