In February 2011, the Libyan government began systematically and ruthlessly attacking its own citizens in an attempt to put down a political uprising. These attacks escalated into a full-fledged armed conflict between the government and rebel militias that engulfed the country for several months. With the old regime finally overthrown, and a new transitional government now in place, Libya looks to mend itself and to undo decades of oppression.

Although the conflict is officially over, the world’s attention remains on Libya as the new government searches for ways to address the significant challenges left behind by the revolution. One such challenge is bringing members of the old regime to justice for crimes they committed both before and during the revolution. As a start to this process, the government has detained Saif Al-Islam Gaddafi, Muammar Gaddafi’s son and former de facto prime minister, with the hope of trying him for crimes against humanity. But because Libya shares jurisdiction over Saif with the International Criminal Court (ICC), it is unclear what that trial will look like or who will conduct it. This Comment seeks to help clarify how justice should be pursued in light of the ICC’s governing principles and Libya’s present circumstances.

This Comment first describes the evolution of international criminal justice over the past century, which culminated in the creation of the ICC. It then explores the ICC’s fundamental principles and goals, and offers different ways to conceptualize them. Finally, this Comment observes some of the domestic issues that Libya faces and concludes that, given those issues, the ICC should work cooperatively with Libya to try Saif in his home country.