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They say the son of former Libyan leader Muammar Gaddafi could be tried inside Libya but under ICC supervision.
The argument over who should try him has been going on ever since his capture in November last year.
The ICC has indicted him for crimes against humanity, but Libya insists he be tried on its soil.
The Libyan justice ministry says a deal is being finalised under which Mr Gaddafi would be tried in Libya but with security and legal supervision provided by the international court.
The BBC's Jon Donnison, in the Libyan capital Tripoli, has been told by a Western official with good knowledge of the case that a deal is close to being agreed.
But the official warned it could be months before any trial might begin.
'Ground-breaking' Describing the suggested arrangement as ground-breaking for the ICC, the official acknowledged concerns that 39-year-old Saif al-Islam could face the death penalty in Libya.
But he added that the court could accept a death sentence if the trial was fair and transparent, and there was an adequate appeals process.
The ICC's chief prosecutor Luis Moreno Ocampo is due to visit Libya this week.
The Libyan authorities have been refusing to hand Mr Gaddafi over to the ICC.
Human rights groups have argued that the Libyan justice system is not capable of dealing with such a high-profile case.
A lawyer involved in the case has described that view as patronising and colonial.
He told the BBC that the ICC should only try cases in which the country concerned was unwilling or unable to conduct its own trial.
Mr Gaddafi is currently being held by a militia in the Zintan region of Libya. He was once expected to succeed his father, Libya's late leader, Col Muammar Gaddafi.
The group has given no indication of when they will hand him over to the Libyan government.
Set up in 2002, the ICC made its first successful conviction last month, when Congolese militia leader Thomas Lubanga was found guilty of recruiting child soldiers.

In a statement to the Commons, Theresa May said he could now be removed from the UK "in full compliance of law".
But she admitted it could take "many months" as his lawyers could appeal to the European Court of Human Rights.
Abu Qatada, who was arrested earlier on Tuesday, faces charges in Jordan of plotting bomb attacks.
Mrs May said he "deserves to face justice" in Jordan but warned that successive governments had been trying to deport him for a decade.
She said any appeal by the cleric would have to be based on "narrow grounds".
"We can soon put Qatada on a plane and get him out of our country for good," she said.
The cleric earlier appeared before a Special Immigration Appeals Commission (SIAC) hearing in central London following his arrest by UK Border Agency officials.
Lawyers for Mrs May told the hearing she intended to deport the cleric on or around 30 April.
Abu Qatada's legal team said he would apply for bail, the Judicial Communications Office said.
The European Court of Human Rights blocked his deportation to Jordan in January, saying evidence obtained by torture might be used against him.
Mrs May travelled to Jordan in March for talks with the king and ministers on the case of the 51-year-old Palestinian-Jordanian, whom ministers have described as "extremely dangerous".
A Home Office spokesman said on Tuesday: "UK Border Agency officers have today arrested Abu Qatada and told him that we intend to resume deportation proceedings against him."
A British judge had ended Abu Qatada's six-year UK detention in February, weeks after the European Court of Human Rights blocked his deportation.
He was released from Long Lartin high-security jail in Worcestershire on strict bail conditions, including a 22-hour curfew allowing him to leave home for a maximum of an hour, twice a day.
Shortly before the cleric was arrested, Conservative MP Peter Bone told the BBC the government should deport him and deal with any legal consequences afterwards.
'No hold-up' "All the assurances the European court wanted are there," he said.
"As the conditions are now met, he should be deported and there should be no hold-up."
But human rights lawyer and campaigner Aamer Anwar accused UK ministers of "condoning torture" by persevering with attempts to send him for trial in Jordan.
"The UK asserts the right to try suspects for the gravest crimes anywhere in the world in our courts and it's about time that the government exercised that prerogative," he told BBC Radio 5 live.
Abu Qatada has never been charged with any offence in the UK but British authorities have previously said he gave advice to those who aimed "to engage in terrorist attacks, including suicide bombings".
He faces a re-trial in Jordan for plotting bomb attacks against American and Israeli tourists during the country's millennium celebrations, offences he was convicted of in his absence.

The majority stake in YPF is owned by Spanish oil firm Repsol, whose shares fell by 8% in early trading in Madrid.
Promising a "clear and overwhelming" response, Spain summoned the Argentine ambassador to express its concern.
The nationalisation has alarmed foreign investors but is said to be popular among ordinary Argentines.
"These acts will not remain unpunished," Repsol executive chairman Antonio Brufau told reporters.
The head of the European Commission, Jose Manuel Barroso, said he was "seriously disappointed" by Argentina's decision.
The EU expected "the Argentinian authorities to uphold international commitments and obligations", he said.
The European Commission had been due to hold talks with Argentina later this week as part of a trade and economic treaty but the meeting has been postponed and a Commission spokeswoman said "all possible options" were being considered.
'Friendship' strained Argentina's ambassador to Madrid, Carlo Antonio Bettini, was due to visit the foreign ministry at midday (10:00 GMT), the ministry told the BBC News website.
Earlier, Spanish Foreign Minister Jose Manuel Garcia-Margallo said the "climate of friendship" between the two countries had been broken.
The Spanish Prime Minister, Mariano Rajoy, is travelling to Mexico and Colombia, where he is expected to seek support for Madrid's position.
His Industry Minister, Jose Manuel Soria, said Spain would take "all measures it considers appropriate" to defend the interests of Repsol and Spanish businesses abroad.
The nationalisation was announced to applause on Monday at a meeting between Argentine President Cristina Fernandez de Kirchner, her cabinet and provincial governors.
Reading out a statement at the meeting, an official said YPF had been "declared a public utility and subject to expropriation of 51% of its assets".
The government took over the management of YPF with immediate effect while the bill on expropriation was sent to the Argentine Congress.
Graffiti appeared on a city centre wall that read "Repsol, get out of YPF".
Mrs Fernandez de Kirchner stunned investors in 2008 when she nationalised private pension funds and she has also renationalised the country's flagship airline, Aerolineas Argentinas.
Many Argentines blame free-market policies such as the privatisations of the 1990s for the economic crisis which resulted in a debt default in 2001-02.
Argentina wants to reduce its expensive energy imports from elsewhere, the BBC's Tom Burridge reports from Madrid.
Before rumours surfaced several weeks ago that Argentina might take YPF from Repsol, Spain and Argentina generally enjoyed good political ties, and important economic ones.
Spain does a significant amount of trade in the country, so there is likely to be an economic fallout to this dispute too, our correspondent says.
But President Fernandez de Kirchner has dismissed the threat of reprisals.
"This president isn't going to respond to any threats... because I represent the Argentine people," she said.
"I'm the head of state, not a thug."
'Mistaken policy' According to AFP news agency, Repsol will seek compensation of at least $10bn (£6.3bn; 7.7bn euros).
YPF accounts for just over a quarter of Repsol's operating profit, 21% of its net profit and 33.7% of its investments, Mr Brufau said.
Repsol's executive chairman accused President Fernandez de Kirchner of resorting to nationalisation "as a way of hiding the economic and social crisis which Argentina is suffering".
Argentina's crisis, he argued, was rooted in "a mistaken energy policy".
He accused Argentina of running a campaign of "harassment" in recent weeks in order to push down the price of YPF shares and get a bargain price for the expropriation.
"It is not appropriate for a modern country, Argentina does not deserve this," he said.
Repsol's Argentine partner, the Eskenazi family's Grupo Petersen, has a 25.5% stake in YPF which will not be affected by the nationalisation.
However, Reuters notes that it is unclear how Petersen will be able to repay a $1.9bn loan provided by Repsol.

Discovery flew over the monuments along the National Mall in Washington DC at about 10:00 EST (14:00 GMT).
Piggy-backing on a modified Boeing 747, Discovery was flying at an altitude of just 1,500ft (457m), Nasa said.
The shuttle programme ended in 2011. Discovery will be on show at the Air and Space Museum in Virginia.
After circling four times over the Washington Monument, and passing the National Mall over Capitol Hill, the shuttle landed at Dulles Airport, a few miles outside Washington DC.
From there it will be towed to the nearby Smithsonian Air and Space Museum, where it will be on permanent display.
Earlier, crowds of onlookers gathered along the Florida shoreline as dawn broke on Tuesday to see the shuttle take off from Kennedy Space Center.
Cheers broke out from the estimated 2,000-strong crowd as the aircraft left the runway, the Associated Press reported.
Dozens of former shuttle workers and Nasa veterans were reported to be among the onlookers.
Discovery then passed low over a packed beach and made one final turn back over the runway at the space complex before climbing towards a cruising altitude.
The aircraft's fuselage was illuminated by the early Florida sunshine for moments before it headed out of sight on its journey up the East Coast.
Fleet leader In Washington, would-be shuttle-watchers gathered on the National Mall, the two-mile-long public park running through the heart of the city, for a prime view of the mid-morning flyover.
Discovery descended to 1,500ft and was visible over the city's Waterfront area, the Mall, and near the Jefferson Memorial.
The flypast was also expected to delight onlookers at a regular plane-spotting haunt, Gravelly Point Park, just outside the city limits in Virginia.
Discovery's final destination is an annex of the Smithsonian Institute's National Air and Space Museum, situated in Virginia, close to Dulles, the main international airport serving Washington DC.
Discovery was the most-used of the shuttle fleet, flying 39 missions, and was designated the fleet leader.
It is the first of three remaining shuttles to head to a museum. Enterprise - the prototype shuttle - and Endeavour will make their final journeys later this year.
The shuttle fleet was decommissioned and the programme wound up in 2011, after 30 years in action, when construction was completed on the International Space Station.
Retirement of Nasa's iconic shuttle fleet was ordered by the US government, in part due to the high cost of maintaining the ships.
The decision leaves the country with no means of putting astronauts in orbit.

"I have carried out the most spectacular and sophisticated attack on Europe since World War II," Anders Behring Breivik told the court.
Breivik said he would do it all again and asked to be acquitted.
Although he admits the bombing and attack on a youth camp, he has pleaded not guilty to terror and mass murder.
"These acts are based on goodness, not evil," he said, adding that he had toned down his rhetoric out of concern for the victims.
As he closed his statement, pressed by the judge Breivik said that he acted to defend Norway against immigration and multi-culturalism.
After a lunch break, the prosecution began its cross-examination of Breivik. Topics covered include his choice of uniform and his claim to be a member of the Knights Templar group, which the prosecution has previously asserted does not exist.
Breivik insisted the group did have a few members, but conceded that the language he used to describe it may have been "pompous".
Earlier, Breivik's lawyers warned that many Norwegians would find his comments upsetting. Geir Lippestad also said that he understood concerns by victims' families that Breivik would use his trial as a pulpit, but added that Breivik had a right to explain himself.
His testimony and that of his witnesses will not be broadcast. His testimony is expected to last for five days.
The BBC's Matthew Price, who was in the courtroom, says that Breivik's evidence will be crucial in working out if he is criminally insane and psychiatrists in court have been observing him closely.
One of the questions at the very heart of this trial, which is expected to last for 10 weeks, is Breivik's mental state. He has already said that he does not recognise the court.
Despite repeated interruptions from the judge to cut down his speech, Breivik insisted that he had more to say, although he agreed to limit his comments to Norway.
Breivik's comments have ranged from vehement criticisms of liberalism and multi-culturalism to claims that he "supports the model in South Korea and Japan".
Our correspondent says his comments about Norway fit in with his belief that liberal ideals are ruining Norway and are the reason why he attacked the governing Labour party summer camp on Utoeya island and government offices.
"I am not scared by the prospect of being in prison all my life. I was born in a prison where I could not express my beliefs," he told the court, adding: "This prison is called Norway."
Breivik said he was speaking as a representative of a Norwegian and European "resistance movement".
Shortly before the close of Tuesday's hearing, prosecutors questioned what had led to Breivik becoming radicalised. He said the Nato bombing of Serbia in the 1990s and the attacks of 9/11 were "important factors".
Judge substituted
As the day began, the court was briefly adjourned and one of three lay judges dismissed for saying last July that Breivik should face the death penalty.
A lay judge is an ordinary member of the public who forms part of the judgement panel. Thomas Indreboe was replaced by a substitute lay judge who observed proceedings yesterday.
Breivik detonated a bomb in a van parked outside government offices in Oslo on 22 July, killing eight people.
He then travelled to Utoeya where, dressed as a police officer, he shot dead a further 69 people who were attending a youth camp run by the governing Labour party.
The 33-year-old Norwegian was found insane in one examination, while a second assessment made public last week found him mentally competent.
If the court decides he is criminally insane, he will be committed to psychiatric care; if he is judged to be mentally stable, he will be jailed if found guilty.
If jailed, he faces a sentence of 21 years which could be extended to keep him behind bars for the rest of his life.
The courtroom has been specially built for the trial to accommodate more than 200 people. Glass partitions have been put up to separate the victims and their families from Breivik.

Model Imane Fadil said she had been given 2,000 euros (£1,650; $2,614) by Mr Berlusconi the first time she attended a "bunga bunga" party.
She was one of several women who arrived at a Milan courthouse on Monday to testify in Mr Berlusconi's trial.
He is accused of paying for sex with an underage nightclub dancer.
The woman, Moroccan-born Karima el-Mahroug, was 17 when she allegedly had sex with the prime minister.
He is also accused of abusing his powers by getting police to release Ms Mahroug - better known by her stage name Ruby The Heart Stealer - from jail when she was arrested for stealing.
Witness payments Ms Fadil told the court she had attended several parties at Mr Berlusconi's villa outside Milan.
She alleges that the first night she went, she saw two young women in nun costumes stripping for the prime minister. One, she said, was Nicole Minetti, now a regional councillor for Berlusconi's People of Freedom party in Milan.
Ms Fadil claimed that Ms Minetti and the other woman dressed as a nun stayed the night at the villa, and that women who attended bunga bunga parties were paid more for sex.
Italian newspaper Corriere della Sera reported last week that Mr Berlusconi had paid a total of 127,000 euros to three female witnesses, including Ms Minetti, since the trial began last year.
Mr Berlusconi's lawyer, Niccolo Ghedini, denied the payments were an attempt to influence the women's testimony, saying they were legal and reflected the former prime minister's "usual generosity", AFP news agency reports.
This is one of three trials that the businessman and former prime minister is currently a defendant in. The other two relate to tax fraud and violating official secrets, while earlier this year an Italian court threw out a fourth case relating to bribery claims.
Mr Berlusconi stepped down in November 2011 over concerns about Italy's economy.

Virgin flight VS27 had left the West Sussex airport at 10:48 BST and was bound for Orlando in the US when it had to return to land at 12:30 BST.
Four passengers suffered minor injuries during the evacuation.
The airport said flights were "slowly resuming" but warned passengers of knock-on delays.
Liam Moore, a passenger on the Airbus A330-300 aircraft, which had 13 crew and 299 passengers on board, said everybody was "really shaken up".
He said: "We were on the plane and everything seemed fine.
'Doors flung open' "Then the pilot came on the tannoy about 10 minutes into the flight and said we would have to do an emergency landing.
"It all happened so quickly. We landed and suddenly all the doors flung open and the emergency slides were inflated.
"We then had to slide down the chutes, some people got cuts and grazes from the slide.
"Police cars were flying up the runway. There were four fire engines, paramedics, a helicopter."
Another passenger, Mark Bell, from Bracknell, said: "I knew something was wrong when we took off.
"The plane was really wobbly. The cabin crew made things worse. They were all really panicked.
"We weren't told anything other than we had to go back to Gatwick and make an emergency landing.
"We circled the airport twice before making an emergency landing. We were told to evacuate, evacuate, evacuate."
West Sussex Fire and Rescue Service said it was called to reports of a "small fire on board an aircraft".
A spokeswoman said six fire appliances were called to the scene.
A Gatwick Airport spokeswoman said the plane made a "safe emergency landing" and take-offs and landings had resumed at about 14:00 BST.
She said: "There will be some delays for a time."
A statement from Virgin Atlantic said the cause of the incident was under investigation.
It said: "Due to a technical problem on board the aircraft, the captain decided as a precautionary measure to immediately evacuate the aircraft.

"The government of South Sudan is an enemy and all Sudanese state agencies have to treat her accordingly," the resolution said.
A Khartoum information ministry official told BBC News the move was linked to South Sudan's seizure last week of the Heglig oil field.
The South had accused Sudan of launching attacks on its territory from the frontier oil field.
South Sudan seceded in July last year following a civil war which ended in 2005.
But a number of major disputes remain, including over oil and the official demarcation of the international border, and there have been a number of clashes since.
UN camp bombed "After the invasion of Heglig we know the real enemy is the Sudan People's Liberation Movement," Rabbie Abd al-Attie, a senior adviser to Sudan's information minister, told the BBC, referring to South Sudan's ruling party.
"It is not the people of the South but the government that is the real enemy and we know how to confront them."
Heglig, which used to provide more than half of Sudan's oil, is internationally accepted to be part of Sudanese territory - although the border area is yet to be demarcated.
Correspondents say South Sudan's take-over of area has fuelled fears of an outright war.
Khartoum has vowed to use "all means" to recapture Heglig.
The parliamentary vote in Khartoum came as a UN spokesman confirmed that Sudanese planes had bombed a UN peacekeepers' camp in South Sudan's border area on Sunday.
No-one was hurt during the attack on the small UN base in Mayom village in Unity state, Kouider Zerrouk said.
But at least 15 people have been killed in other bombing raids in South Sudan over the weekend, eyewitnesses told the BBC.

The yield on Spain's 10-year bonds reached 6.1%, ahead of auctions of debt on Tuesday and Thursday that could be increasingly expensive for Spain.
The nation's cost of borrowing has been rising steadily over the past four months.
Investors have been worried by data showing Spain's banks are entirely dependent on emergency ECB loans.
The yield suggests that if Spain wanted to borrow for 10 years today, it would pay more than 6%.
In comparison, the yield on 10-year bonds from Germany, the eurozone's strongest economy, is 1.73%.
Recession Spain is suffering from a deep economic slump brought about by a bust in its property and construction markets.
Unemployment is the highest in Europe, with a record 4.75 million out of work. Half of Spain's under-25s are unemployed.
The country's economy minister said on Monday that in the first three months of the year the country had probably contracted by as much as the last quarter of 2011 again, but added this was actually better than expected.
"If you had asked me two months ago, I would have expected the first quarter of 2012 to be much worse than the last quarter of last year," Luis de Guindos told the El Mundo newspaper.
"But that's not going to be the case."
Too reliant? On Friday, the Bank of Spain - the central bank - said its net lending to its banks in March had risen to 228bn euros ($298bn; £188bn), up from 152bn euros a month earlier.
The big jump was mainly due to a second auction of three-year emergency loans carried out by the European Central Bank, which has given 1tn euros to banks since December.
This money was intended to be lent by the ECB to national central banks, which is turn lent to commercial banks who would buy their country's debts and bring borrowing costs down.
While this happened initially, investors are afraid of just how much the Spanish banks are relying on cheap ECB loans to stay afloat.
Since 2010, Greece has been bailed out twice and the Republic of Ireland and Portugal also needed bailouts to stay afloat.

In his first response to the attacks, Mr Karzai praised the performance of the Afghan security forces.
He said they had proved themselves capable of defending their country.
Officials say 51 people died in the fighting in Kabul and elsewhere: four civilians, 11 members of the security forces and 36 insurgents.
"The terrorists' infiltration in Kabul and other provinces is an intelligence failure for us and especially for Nato and should be seriously investigated," Mr Karzai said.
The clashes in the city ended on Monday, 18 hours after they began, when the last gunman, who was fighting near the parliament in the west of the city, was killed.
Earlier on Monday morning, Afghan special forces flushed out gunmen who had been using a central Kabul construction site as a base from which to fire on foreign embassies and other targets.
The US, German and British embassies were among the diplomatic missions targeted.
'Spring offensive' Insurgents also carried out attacks in Nangarhar, Logar and Paktia provinces.
The Taliban say they carried out the raids as part of a co-ordinated "spring offensive". The group usually ramps up its attacks on Nato and government forces in spring, after a relative lull over the winter, when snows hamper the fighters' movements.
But the US ambassador to Kabul, Ryan Crocker, said he believed the Taliban would not have had the ability to carry out the attacks.
He told CNN he believed they were the work of the Haqqani network, a Pakistan-based militant group allied to the Taliban.
Mr Karzai's office said four civilians had died in the fighting. Earlier, Afghan Interior Minister Besmillah Mohammadi said that about 65 people - including 25 civilians - had been injured.
President Karzai paid tribute to the "bravery and sacrifice of the security forces who quickly and timely reacted to contain the terrorists", AFP news agency reports.
Afghan forces are expected to shoulder increasing responsibility for security as Nato countries wind down their troop presence ahead of a full withdrawal scheduled for the end of 2014.
"They were on scene immediately, well-led and well-coordinated. They integrated their efforts, helped protect their fellow citizens and largely kept the insurgents contained."
But a source quoted by AFP said he did not share Nato's optimism.
"It's true that [the Afghan forces] did it better than in the past - there is progress," he said, on condition of anonymity.
"But still, to build up so many attacks and being able to launch them simultaneously demonstrates clearly [the Taliban's] ability to strike where and when they want."
The BBC's Bilal Sarwary says the authorities will be worried by the fact that, in contrast to previous attacks, the militants managed to penetrate the Wazir Akbar Khan diplomatic district - the "ring of steel" around central Kabul.
While the Taliban have said they carried out the attacks, analysts say they bear the hallmarks of the Haqqani network.

Anders Behring Breivik attacked a youth camp organised by the governing Labour party on the island of Utoeya, after setting off a car bomb in the capital.
He told the court he "acknowledged" the acts committed, but said he did not accept criminal responsibility.
The prosecution earlier gave a detailed account of how each person was killed.
If the court decides he is criminally insane, he will be committed to psychiatric care; if he is judged to be mentally stable, he will be jailed.
In the latter case, he faces a sentence of 21 years, which could be extended to keep him behind bars for the rest of his life.
The 33-year-old Norwegian was found insane in one examination, while a second assessment made public last week found him mentally competent.
'Self-defence' He later told the lead judge, Wenche Elisabeth Arntzen: "I do not recognise the Norwegian courts. You have received your mandate from political parties which support multiculturalism."
He also said he did not recognise the authority of Judge Arntzen, claiming she was friends with the sister of former Prime Minister and Labour party leader Gro Harlem Brundtland.
The judge noted the objections, which Breivik's lawyer said were not official, and said the defence could follow up on them in their opening arguments.
Breivik described his occupation as a "writer", currently working from prison.
Prosecutor Inga Bejer Engh read out the charges against him and gave an extensively detailed account of how each person was killed or injured in last year's attacks.
She said the attacks "created fear in the Norwegian population", adding: "The defendant has committed very serious crimes, on a scale which hasn't been experienced in our country in modern times."
Breivik showed no emotion, looking down at the table in front of him.
At the end of the indictment, he told the court: "I acknowledge the acts, but not criminal guilt - I claim I was doing it in self-defence."
Breivik has already confessed to the attacks on 22 July. In the car bombing outside government buildings in Oslo, eight people were killed and 209 wounded.
He killed 67 people and wounded 33 - most of them teenagers - in his shooting spree at the youth camp on Utoeya. A further two people died by falling or drowning.
At a court hearing in February, Breivik said his killing spree was "a preventative attack against state traitors", who were guilty of "ethnic cleansing" because they supported a multicultural society.
His lawyer has said his only regret is that "he did not go further".
"It is difficult to understand, but I am telling you this to prepare people for his testimony," Geir Lippestad told reporters before the trial.
Investigators have found no evidence to support Breivik's claims that he belonged to a secret "resistance" movement, the "Knights Templar", named after a military and religious order founded during the Crusades to fight the enemies of Christendom.
"In our opinion such a network does not exist," prosecutor Svein Holden told the court on Monday.
Later, previously unreleased surveillance footage of the Oslo bombing was shown.
Some of the survivors and relatives of those killed reportedly gasped after footage was played of Breivik's explosives-packed vehicle exploding, followed by scenes of panic as people fled and pieces of metal fell to the ground. But the defendant was impassive, and at times even smirked.
The court later adjourned for the day.
Parts of the trial will be shown on television, but the court will not allow Breivik's testimony or that of his witnesses to be broadcast. Breivik is scheduled to take the stand for about a week, starting on Tuesday.
The BBC's Steve Rosenberg in Oslo says that with Breivik not expected to express any remorse for his actions, his trial promises to be an ordeal for the families of those killed and for those who survived.
Jorid Nordmelan, a survivor of the Utoeya massacre, told the BBC she would be in court to hear Breivik testify.
"It's a historical date for Norwegians," she said. "We never had a trial like this, so we don't know what's going to happen.
"Prosecutors told me they were going to make the opening statements awful, so that people can just feel what he did right there."
Police have sealed off streets around the courtroom, which was specially built for the trial to accommodate more than 200 people. Glass partitions have been put up to separate the victims and their families from Breivik.