As footage emerged of Moammar Gaddafi’s capture and subsequent execution by militia rebels, questions have been raised as to what this means for Libya’s new rulers.

Unlike in past revolutions and civil wars, Gaddafi was not given the opportunity to answer the charges laid against him, nor were the people of Libya given a forum to air their grievances and seek closure for his crimes of the past 40 years.

This has put Libya’s interim leadership in a difficult position, where it is seen to lack both accountability and control of the revolution’s foot soldiers.

Ismail Elferjani, spokesman for the Libyan Students of Victoria, an organisation that represents 170 students and families living and studying in Victoria, has – like so many Libyans – welcomed the end of the Gaddafi regime.

‘He has killed hundreds of thousands of people during his regime and thousands are missing since the revolution started. It was good that he was killed.’

But Gaddafi’s execution has rattled the international community, in particular NATO allies, whose support was crucial in toppling the dictator.

Christof Heyns, the UN Special Rapporteur on extra-judicial, summary or arbitrary executions, told Al Jazeera  that a proper investigation Gaddafi’s death was a key test for Libya’s future as an accountable state.

‘The Geneva conventions are very clear that when prisoners are taken they may not be executed wilfully and if that was the case then we are dealing with a war crime, something that should be tried.’

‘It’s important that the new government will be placed on a solid basis where there is accountability for illegal actions…It’s not simply Mr Gaddafi but also there’s the dangers of reprisals against others as well and that is where it is important to draw the line to say that  new system in place one of  accountability.’

Few within Libya would have been willing to show Gaddafi leniency, Mr Elferjani says.

‘We have a saying in Libya, “when the thread is long, you may miss the needle,” and in this case everyone knows Gaddafi has killed many people, according to Libyan and Islamic law if someone kills, they must be killed as well.’

‘Eventually he would be killed, so (it’s) just (shortened) the process.’

‘I would have liked to see him spend some time in prison so that he could feel what his victims felt, however, there would be the threat that his supporters may try free him, it is better to just end it,’ Mr Elferjani says.

British Defence Secretary Philip Hammond is among those to express concerns about the circumstances of Gaddafi’s death.

‘It’s not the way we would have liked it to have happened…The fledgling Libyan government will understand that its reputation in the international community is a little bit stained by what happened,’ he said.

The US Secretary of State, Hillary Clinton, backed calls for a proper investigation, telling reporters: ‘I think it’s important that this new government, this effort to have a democratic Libya, start with the rule of law, start with accountability.’

Interim leader, Mustafa Abdel-Jalil, has now agreed to an investigation into Gaddafi’s death.

While it is too late for a trial, establishing a new system of accountable justice remains one of the many challenges facing a post-Gaddafi Libya.

Michael Nolan is studying a Graduate Diploma in Journalism and is part of upstart’s editorial team.  You can read more on his blog and follow him on Twitter: @MichaelNolan8