Obama administration lays out legal case for Libyan militant's capture

“That's comprised of a body of international law that consists both of treaties like the Geneva Convention and others, and customary international law. So, as we've explained, the United States is in an armed conflict with Al Qaida and its associated forces. And as such, we can lawfully force in that conflict, including to capture and detain individuals who are part of Al Qaida or its associated forces. So that's the international legal basis for what we're talking about.”

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Libya's prime minister, Ali Zeidan, has said  al-Libi should be tried in Libya. Al-Libi has been indicted by a federal court in New York for his alleged role in the 1998 bombings of the U.S. embassies in Kenya and Tanzania.
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