Spanish Court Refuses to Apply New Amendment to Spain’s Universal Jurisdiction Statute

On March 15th Spanish High Court Judge Pablo Ruz refused in two cases to apply Spain’s new amendment to its universal jurisdiction statute.[1] This is the subject of a report in Spain’s leading newspaper, El Pais.

U.S. Detainees Case

One case has U.S. Government officials in its sights. It involves alleged torture by U.S. officials of five individuals from the moment of their initial detention in various countries (Afghanistan, Pakistan and Gambia) and subsequent detention at Guantanamo Bay, Cuba. On March 15th Judge Ruz renewed his request to the U.S. Government for information about U.S. investigation of these cases.

The Judge concluded that under the new amendment “torture and war crimes cannot be pursued . . . because the target of the procedure is not a Spaniard or a resident of Spain.” These restrictions , however, are trumped by international treaties ratified by Spain–the Geneva Conventions and the Convention Against Torture–which force signatory countries to pursue crimes.

The new amendment also stipulates that crimes cannot be pursued in Spain if they are already being investigated by an international court or by the country where they were committed. This is why Judge Ruz is insisting on securing information from US authorities regarding the status of any investigation there.

Western Saharan Genocide Case

The other case involves claims of genocide against several members of the Moroccan military in connection with Western Sahara, a disputed territory that Morocco claims as its own.

Judge Ruz asserts that the court has jurisdiction because the alleged crimes were committed between November 1975 and February 1976 when Western Sahara was still a Spanish colony. Thus, the court concluded, the alleged crimes must be considered to have been committed on Spanish territory for legal purposes.

The Judge also says he has the power to keep open this investigation because it involves alleged genocide.

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[1] A prior post discussed the amendment added earlier this year to the universal jurisdiction statute while comments thereto talked about initial reaction to the amendment. Another post involved the court’s refusal to apply the new amendment in a case involving the Geneva Conventions while a subsequent post talked about the High Court’s following the new amendment in drug-trafficking cases.

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As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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