The Zintan rebels who captured him were part of a larger force that seized the capital, Tripoli, in August 2011, ending Gadhafi's reign. Gadhafi was killed two months later while trying to escape rebel forces storming his home town of Sirte.
According to filings by defense lawyers at the ICC, Seif al-Islam said he wants to be tried for alleged war crimes in the Netherlands, and a trial in Libya would be tantamount to murder. "There will certainly be no justice in the case if the prosecution is based on evidence from torture," he said. "I am not afraid to die but if you execute me after such a trial you should just call it murder," he added.
Reports suggested that authorities could try Seif al-Islam and al-Senoussi next month. However, on Tuesday, Libyan authorities said in a letter sent to the ICC that they will not hold since investigation are close to completion but pretrial proceedings will likely begin in February.
Mike Corder in Amsterdam contributed to this report.