The International Criminal Court has reaffirmed that its judges and not a Libyan court should prosecute the son of the country's former dictator Moammar Gadhafi.

A five-judge panel at the international court on Wednesday rejected Libya's appeal against a 2013 decision that Seif al-Islam Gadhafi should be tried in The Hague.

Gadhafi was charged in June 2011 with two crimes against humanity — murder and persecution — allegedly carried out during his father's brutal crackdown on protesters early in that year as he unsuccessfully tried to put down a popular uprising that ultimately toppled his regime.

Whether Seif al-Islam will ever be tried in The Hague remains unclear. He is being held by a militia in the western town of Zintan that refuses to surrender him.