The ICC is a political tool used when required but otherwise ignored. It doesn't really do it's job, it should be more firm in this case:http://rt.com/news/libya-trial-gaddafi-son-052/
Before they came to power, the Libyan rebels themselves were calling for the UN to order the ICC to investigate the alleged crimes by the Gaddafi family and put them on trial in The Hague. Once in power, they however backed down on their own initiative.
The ICC might now file a complaint to the UN Security Council, if Libya continues to ignore the Court’s request.
“Libya has a legal obligation to surrender Saif Al-Islam Gaddafi to the ICC pursuant to UNSC resolution 1970 (2011) which referred the situation in Libya to the ICC,” the Court’s Public Affairs Unit told RT.
Saif al-Islam's lawyer in the ICC, John Jones believes the Lybian trial will most likely end in his defendant being executed.