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Revue québécoise de droit international
Article . 2021 . Peer-reviewed
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Requiem for Universal Jurisdiction in Spain

Authors: Esteve Moltó, José Elías;

Requiem for Universal Jurisdiction in Spain

Abstract

The two relevant legislative reforms that universal jurisdiction was subjected to have been a serious blow to the fight against impunity in Spain. The reasons for this de facto repeal of universal justice can only be explained by political interference of foreign governments whose citizens were cornered by Spanish justice. However, with regard to the 2014 reform, there was the possibility that the Constitutional Court might declare that the reform violated some articles of the Spanish Constitution. This last hope evaporated when this court recently rejected the appeals. First, the ruling on 20 December 2018 rejected the Socialist MPs’ arguments. Then, with this precedent, in 2019 the vast majority of cases pursuing international crimes – Tibet, Falun Gong, Rwanda, Guantanamo, the Ashraf refugee camp in Iraq, Couso – were definitively closed. After having exhausted all Spain’s internal options, now the different appeals before the European Court of Human Rights are being rejected. Meanwhile, universal jurisdiction has only survived in the Spanish courts if it involves pursuing a few cases of terrorism, leaving those who were being investigated for war crimes and genocide to go scot-free.

Countries
Canada, Spain
Related Organizations
Keywords

jurisdicció (dret internacional), dret processal, justícia

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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gold