The International Criminal Court said Wednesday that it had referred Libya to the UN Security Council for violating an obligation to hand over one of Muammar Gaddafi’s son for trial.

“The chamber found that Libya has failed to comply with the requests by the court … to surrender Saif al-Islam Gaddafi to the court,” the ICC said.

In February 2011, the Security Council asked the ICC to investigate crimes committed during the 2011 uprising against Muammar Gaddafi. Saif al-Islam, who was a de facto prime minister and heir-apparent, has been charged with crimes against humanity for his role in trying to suppress the revolt against his father’s decades-old regime.

Saif al-Islam was captured on November 2011 by Libyan militia and has been held by his captors in the northern town of Zintan. The ICC emphasized in the statement that its decision to refer Libya to the Security Council was only based on “the objective failure to obtain cooperation,” the statement said.

“It was not intended to sanction or criticize Libya but solely to seek the assistance of the Security Council to eliminate the impediments to cooperation.”

Libya has been beset by violence in recent months, with an internationally recognized central government in Tripoli and a rival regime backed by militias. Several attempts by the United Nations to arrange peace talks among the warring factions have been unsuccessful. SAPA