( CNN ) -- Libya 's government on Tuesday appealed a request from the International Criminal Court to hand over Saif al-Islam Gadhafi , saying it should be given more time to make its own case . Gadhafi , son of deposed strongman Moammar Gadhafi , was facing an arrest warrant from the ICC for alleged crimes against humanity at the time of his capture , and the court is still seeking to prosecute him . Officials with the ICC , based at The Hague in the Netherlands , said Thursday that Libya must make arrangements to hand him over immediately . He has been held in the Libyan city of Zintan since his capture in November . But the Libyan government said in its appeal filing Tuesday that legally , the ICC was wrong to turn down its request for a postponement to surrender Gadhafi . Libyan authorities intend to file a challenge to the ICC case , which should be considered before it 's decided when he must be handed over , the appeal document says . The Libyan government wants to prosecute Gadhafi itself , as it `` regards the trial of Saif al-Islam and Abdullah al-Senussi as a matter of the highest national importance , not only in bringing justice for the Libyan people but also in demonstrating that the new Libyan justice system is capable of conducting fair trials ( that meet all applicable international standards ) in complex cases , '' it says . Al-Senussi , who was Libya 's chief of intelligence under the Gadhafi regime , is wanted by both the ICC and the Libyan government . He was arrested in Mauritania last month . The appeal document also seeks to answer ICC concerns about Saif al-Islam Gadhafi 's well-being , saying the government `` has expended considerable resources in order to ensure the safe and secure temporary custody '' of Gadhafi in Zintan and is negotiating to bring him to the capital , where facilities would be better . ICC defense lawyers said last week that the son of Libya 's deposed leader has been mistreated and `` physically attacked '' since his capture . Gadhafi is in a `` legal black hole , '' held for 139 days in `` total isolation '' except for visits from officials , his ICC-appointed defense said in a strongly worded statement . He also suffers dental pain because he has n't had treatment , and Libyan authorities have given him nothing to remedy the pain , lawyers Xavier-Jean Keita and Melinda Taylor said . `` At no point have the Libyan authorities been legally justified in their failure to surrender him to the ICC , '' the lawyers said . `` The brutal death of Moammar Gadhafi deprived the Libyan people of their right to justice and their right to the truth . It would be a travesty for the prospects of a free and fair Libyan state if the same were to occur to his son , '' they said . Keita said Gadhafi had also been given misleading information about the severity of the allegations against him . ICC prosecutor Luis Moreno-Ocampo said it is possible that the court will allow Libya to proceed with its case if the Libyans explain their plans . `` According to the rules , Libya has the primacy to prosecute Saif , so if they present this to the International Criminal Court judges , probably they will get an approval , '' Moreno-Ocampo said Thursday . `` That 's the system . The system is the primacy for the national judges . '' Amnesty International called on Libya to hand over Gadhafi at once in light of the ICC statement . `` An unfair trial before a Libyan court where the accused could face the death penalty is no way to guarantee justice and accountability , '' the rights group said . Amnesty said Libya did not have a functioning court system and the country was `` unable to conduct effective investigations , '' so `` the ICC will be crucial in delivering accountability in Libya . '' Libya and the ICC have been going back and forth since his capture about where Saif al-Islam Gadhafi , once his father 's heir apparent , will be tried . After visiting Gadhafi in custody last year , Human Rights Watch said that he should have a lawyer . But Interior Minister Fawzy Abdilal implied in February that he had not asked for one . `` He may have a lawyer if he asks for a lawyer , '' the interior minister told CNN . `` Should Saif demand a lawyer , then a lawyer would be provided . '' Moammar Gadhafi died after his capture by opposition forces last October . CNN 's Bharati Naik and Jomana Karadsheh contributed to this report .
International Criminal Court is wrong to ask for the al - Islam ##i 's surrender , he says . Libyan authorities want to try the son of late strongman Moammar Gadhafi in Libya . ICC defense lawyers say he has been mistreated and should be handed over now . Libya and the ICC have been arguing over his release since his arrest last November .