Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]  The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.  At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.  [1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013,