Updated

The International Criminal Court's prosecutor says he will submit "reservations" next month on the Libyan government's demand that Moammar Qaddafi's son be tried for war crimes on Libyan soil instead of the tribunal based in The Hague, Netherlands.

Luis Moreno-Ocampo told the U.N. Security Council on Wednesday that pre-trial judges at the court, known as the ICC, will make a final decision on Libya's challenge to its jurisdiction.

He said the judges also requested different parties including the U.N. Security Council, which referred Libya to the ICC last year, for "observations" on the Libyan challenge.

The ICC's rules give national states the primary obligation to prosecute genocide, war crimes, and crimes against humanity and say the ICC will only step in if a state is unable.