The son of late Libyan ruler Muammar Gaddafi can stay in detention in Libya while the International Criminal Court decides if it has the jurisdiction to try him, the court ruled on Friday.
The ICC issued a warrant for Saif al-Islam Gaddafi last June after prosecutors accused him of involvement in the killing of protesters during the revolt that toppled his father, who ruled Libya with an iron fist for 42 years.
Libya has resisted handing over the dictator's western-educated son, saying he should be tried at home. In May, it filed a legal challenge, contesting the Hague-based court's right to try the case.
On Friday, ICC judges decided to allow Libya to delay extraditing Gaddafi until the matter was settled.
They warned Libya must surrender Saif al-Islam immediately if the decision goes in the ICC's favor, or face possible action by the U.N. Security Council.
Officials at the ICC have voiced concern about Saif al-Islam's well being in Libyan custody, saying he has suffered maltreatment.