His comments came as the court's chief prosecutor Luis Moreno-Ocampo was in Tripoli for talks on jurisdiction in the case of Seif and Qadhafi's spymaster Abdullah al-Senussi, both of whom are wanted by the court on charges of crimes against humanity.

"In a nutshell, we are not going to hand him over," Allagui said when asked about Seif, who was captured in Libya's far-flung Saharan south on Saturday after three months on the run.

Asked by AFP if he expected to meet Seif during his visit, Moreno-Ocampo said: "No."

The Qadhafi son is being held in the mainly Berber hilltown of Zintan, in the Nafusa Mountains some 170 kilometres (110 miles) southwest of Tripoli.