The Chief Prosecutor of the International Criminal Court, Louis Moreno-Ocampo, has asked the National Transitional Council of Libya what steps the government is taking to investigate war crimes committed by all sides during the rebellion.
He said: "The death of Muammar Gaddafi is one of the issues to be clarified - what happened - because there are serious suspicions that it was a war crime."
Mr Moerno-Ocampo said the plans of the NTC would determine the actions of the ICC.
If the NTC proves to be unwilling to act on war crimes committed by the rebels or is unable to provide free and fair trials for members of the Gaddafi regime, the ICC will be forced to step in under the Rome statute that established the war crimes tribunal.
The ICC is also coordinating closely with the NTC on the case of Gaddafi’s son Saif al-Islam.
Mr Moreno-Ocampo said the Libyan authorities told him it was "very important" for them to prosecute Saif al-Islam themselves because he was "the face of the old regime" and "they would like to show they can do better than with Muammar" and conduct a proper trial.