The younger Gadhafi was indicted by the ICC on war crimes charges relating to the 2011 uprising in which his father was killed. Saif al-Islam Gadhafi is in custody in Libya.
The court's Pre-Trial Chamber noted Libya's "significant efforts to rebuild institutions are restore the rule of law" but stressed Gadhafi hadn't been transferred and reminded Libya of its obligation to turn Gadhafi over to the ICC.
Notable deaths of 2014 [PHOTOS]
U.S., allies launch airstrikes against Syria