National Legislation Providing for the Prosecution and Punishment of International Crimes in Spain
Author: Carnero Rojo, Enrique
Source: Journal of International Criminal Justice, Volume 9, Number 3, 10 July 2011 , pp. 699-728(30)
Publisher: Oxford University Press
Abstract:In October 1998, a Spanish investigative judge issued a warrant of arrest against Augusto Pinochet, bringing to international attention the fact that Spains judicial authorities enjoyed universal jurisdiction over international crimes and that they were willing to exercise it. Since then, several cases relating to international crimes have been opened in Spanish courts, and Spain remains one of the most active countries in this regard. Against this background, the present article provides an overview of the substantive and procedural law governing the prosecution of international crimes in Spain. It will be argued that despite some discrepancies between the definitions of the crimes on the domestic and the international level, Spanish substantive law provides a solid basis for such prosecutions. As to the scope of jurisdiction, recent legislative developments have significantly curbed the principle of universal jurisdiction in Spain. Although Spanish courts still may adjudicate international crimes committed abroad, such cases are now subject to a set of conditions that makes the exercise of jurisdiction more unlikely.
Document Type: Research Article
Publication date: 2011-07-10
- JICJ aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, JICJ addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.