ZINTAN: Libya’s new leaders said Sunday they will try Moammar Gadhafi’s son at home and not hand him over to the International Criminal Court where he’s charged with crimes against humanity.

The government also announced the capture of the toppled regime’s intelligence minister, who is also wanted by the court.In one of several emerging complications, however, the former rebel faction that captured Seif al-Islam Gadhafi a day earlier is refusing to deliver him to authorities in Tripoli, raising concern over whether he will get a proper trial.

In the capital, Information Minister Mahmoud Shammam said ex-Intelligence Minister Abdullah Senussi was captured alive Sunday by revolutionary fighters from a southern region called Fazan, not far from where Gadhafi’s son was seized Saturday while trying to flee to neighboring Niger.

Fighters tracking Senussi for two days caught up with him at his sister’s house in Deerat al-Shati, about 70 kilometers south of the desert city of Sebha, said fighter Abdullah al-Sughayer. There were few other immediate details on his capture.

Though they are wanted by the International Criminal Court in The Hague, Netherlands, Libya will likely seek to try both men at home.

Shamman said Seif al-Islam must be tried in Libya even though the country’s new leaders have yet to establish a court system. “It is only fair for the Libyan people that he is tried here. ... Seif al-Islam committed crimes against the Libyan people,” Shammam told The Associated Press.

The ICC indicted the two men along with Gadhafi in June for unleashing a campaign of murder and torture to suppress the uprising against the Gadhafi regime that broke out in mid-February.

Senussi, Gadhafi’s brother-in-law, was also one of six Libyans convicted in absentia and sentenced to life in prison in France for the 1989 bombing of a French passenger over Niger that killed all 170 people on board.

ICC spokesman Fadi al-Abdullah said Sunday that Libya would have to convincingly lay out its arguments in what is called a “challenge of admissibility” if it wanted to try the two men at home. Seif al-Islam, who led his father’s drive to emerge from pariah status over the last decade, was captured in Libya’s southern desert. He was flown to Zintan, 150 kilometers southwest of Tripoli, where he remains in a secret location. Gadhafi’s fall in August and after his capture and killing in October have raised fears of new violence and instability.

“We have priority over Seif al-Islam – we caught him, and we were the forefront leaders in this revolution,” said Tahir al-Turki, head of the small town’s local council, explaining why he would not be sent to the capital.

Libya, under the elder Gadhafi’s 42-year rule, had intentionally weak state institutions and a capable court system, like other state bodies, must be built from scratch.

ICC prosecutor Luis Moreno Ocampo will travel to Libya Monday for talks with the NTC. He said that while national governments have the first right to try their own citizens, his primary goal was to ensure that Seif al-Islam receive a fair trial.