treaty signed in rome early in the administration of president bush. libya is not a party to this treaty. they have the court that meets in the hague. it has the power to try people and has the power to incarcerate them, but you have to get the person into the court. >> shepard: a reminder to our viewers, this is not a war in which we've engaged, and we've not taken sides in this war. this is what our leaders continue to tell us, that is not a war, we have not taken sides, yet we're talking about nato prosecuting muammar qaddafi. judge, there would be no death penalty possibility because of the european nations that do not permit such a thing, right? >> correct, which may mean nato will try to kill him through the airstrikes rather than going through the expense of trying him in an environment in which he cannot be executed. look, the international criminal court is used as a political instrument to make life miserable for those it doesn't like. if they want this guy to surrender, to resign, to go