The ICC is considering the Libyan request, Moreno-Ocampo told the United Nations Security Council. Saif Gadhafi and Abdullah Al Sanousi, Moammar Gadhafi's former intelligence chief, have both been charged by the ICC with crimes against humanity for their part in trying to put down the Libyan uprising.
"This is the first time in the short history of the International Criminal Court that a State is requesting jurisdiction to conduct a national investigation against the same individual and for the same incidents under investigation by the International Criminal Court," Moreno-Ocampo said. "The challenge goes to the heart of the system of justice established in 1998 by the Rome Statute: national States have the primary obligation to conduct proceedings and the International Criminal Court´s intervention will be complementary."
Said was arrested in November and is being held in Libya. Sanousi is being held in Mauritania, and the ICC has requested extradition.