Where Saif al-Islam will be tried is yet to be determined by the International Criminal Court according to officials in The Hague.
Libya and the international war crimes court appear to be at odds over where his trial should take place.
It comes after a Libyan minister suggested the son of the overthrown leader could face justice in his own country.
The ICC issued an arrest warrant last year after prosecutors accused him and others of involvement in the killing of protesters during the revolt that eventually toppled his father in August.
Depending on the outcome, Gaddafi’s most prominent son could either face the death penalty in Libya, or the prospect of awaiting trial in a detention centre known as “The Hague Hilton” in the Netherlands, with no risk of capital punishment.