If we learned anything from our modern-day tyrants, is that when the veil of fear that separate one from their oppressed subjects is lifted, it is only a matter of time before you're caught. The question is, how do you deal with them? A trial that has only one outcome (Saddam Hussein); or death on site (Bin Laden).
In order to reach the correct conclusion, one must look at the outcome that you're trying to achieve. One is retribution: Muammar Gaddafi ruled Libya with draconian malice ever since his usurpation of power in 1969 and consequent abolition of the country's constitution that was formed after it's independence from Anglo-French rule in 1951. Since then, Gaddafi looked to his own political ideology as guidance: shutting down foreign embassies and threatening to expel foreign companies from Libyan oil fields unless his government's revenue was increased from 50% to 79%.; he took upon himself to eradicate the Berber language and culture, making it illegal for parent to give their children Berber names.
In 1972, Gaddafi formed the Islamic Legion to bring about his Arabic-Islamic supremacist vision. This paramilitary group was tasked with driving out Christian elements in Africa. As we all know, this was not where Gaddafi's venture in State-funded terrorism stopped. Gaddafi has supported many militant groups that held anti-western sentiments, including the New People's Army of the Communist Party of the Philippines and the Moro Islamic Liberation Front; not to mention the Lockerbie bombing and the killing of PC Yvone Fletcher in the UK.
One can go on by the misery inflicted is vast and equally atrocious. The risk of a trial is that it is not an exercise in exacting justice. It's a common misconception, but the point of a trial is to take the laws that are present and apply them to the facts. These laws do not only apply to the acts committed by the defendant but also to the process in which the trial is carried out: removal of bias; the right to be represented; the right to hear the case against you and the right of reply; in short, a fair trial.
Though this may seem straight forward, in reality, this is a huge risk and cannot be practical given the situation in Libya during Gaddafi's rule. Any lawyer could argue that Gaddafi's actions were not illegal as they were in accordance with the laws of Libya at the time. The fact that Gaddafi himself changed the laws would play no part in the matter. Given that his actions were immoral is not the issue because legal systems deal with what is or is not against the law nothing more and nothing less. So, given this premise, Gaddafi could be tried and found innocent. An insult to all that have suffered and a false vindication of his actions when he can be allowed to waltz around Benghazi like any other citizen, protected by its laws.
One may argue that Gaddafi could be tried using the new Libyan Government's laws but that would mean that the laws would have to be retrospective which, in itself is a ludicrous idea - Imagine getting a parking ticket from three months ago because the council just decided to make the area you parked in then a no parking zone! One would end up with a situation similar to that of Saddam Hussein's trial. Where the outcome was pre-determined. There was not a shadow of a doubt what the verdict will be as the basic legal concepts indicated above were flouted. Such a trial where all were just going through the motions really took away from the gravity of his actions.
This brings one to the second option - Kill On Site. And, if I were to hazard a guess at the thinking of President of the United States, is that he did not want to go anywhere near that PR bomb in the matter of Bin Laden. So a kill order achieved retribution without angering anyone with regards to affording such a cold and calculated murderer the same rights as a US robber; or indeed risking the removal of most of the evidence against him through the many defenses available - such as bias for example.
However, this is not an option that the Libyan Interim Council could afford to entertain. It is difficult to claim justice and democracy and freedom, when your first act is to murder your predecessor. And this is a rebel movement that has already been accused of war-crimes against pro-Gaddafi forces they cannot allow themselves to be written in history as an equally malevolent force with a flag that has had a little more effort put into it.
One can only wish that this situation does not turn into a second Egypt, where the initial jubilation in Mubarak's exit has now turned into disappointment.
Libya is most certainly at a cross-roads, whatever happens next after the last bullet is shot will certainly set the tone for the future of this state and for the rest of the Arab nations.