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Support for Spanish Universal Jurisdiction

Monday, June 1, 2009
Posted in Human Rights | Tagged Human Rights

The EMHRN expresses its deepest concern with the resolution passed by the Spanish Congress of Deputies on 19 May 2009. This resolution requests that the Spanish government limits the scope of Spain’s universal jurisdiction legislation. Universal jurisdiction is an important instrument in the fight against impunity for perpetrators of international crimes. This mechanism of international penal justice represents an indispensable component of international law and complements the “ad hoc” tribunals established by the United Nations Security Council, and the International Criminal Court. In recent years, Spain’s universal jurisdiction competence has emphatically illustrated the State’s high level of commitment with respect to the fight against impunity and the promotion of human rights (including cases against Pinochet, Scilingo, Cavallo, Al Daraj and the Guatemalan Generals). But beyond the mere legal concept, it is a legacy to export to other nations who until now have not dared to assume this responsibility. Moreover, Spain’s universal jurisdiction legislation is without doubt the most important Spanish contribution towards ensuring respect for international humanitarian and human rights law over the last century.

The proposed reform of the law is contradictory to the Human Rights Plan of the Spanish government, adopted in December 2008, which establishes among the objectives of the Spanish Foreign Affairs policy the fight against impunity and the active support of the International Criminal Court, tribunals and other mechanisms against impunity for international crimes[1]. 

The restrictions proposed by the Spanish deputies represent a serious regression in the fight against impunity. The proposed amendments would deactivate universal jurisdiction for international crimes on the basis of minimal diplomatic pressures exercised by States that neither support nor respect international law: these efforts are intended to shield those accused of international crimes from justice. Politics must not be allowed to prevail over the rule of law and the rights of victims. Universal jurisdiction must not be restricted, on the contrary, it must be exported with pride and “universalized” in a certain and serious commitment against impunity for international crimes. 

The EMHRN urges the Spanish Congress to leave the competence of universal jurisdiction unscathed and to confine diplomatic pressures to the diplomatic arena. Political considerations must not be placed above the needs of victims and the demands of justice. The independence of the Spanish State and the Spanish judiciary must be asserted. The EMHRN is gravely concerned by the haste and superficiality with which this issue has been handled by the Spanish Congress and calls for reconsideration to ensure that the principle of universal jurisdiction is neither restricted nor limited. The EMHRN also calls on the Spanish Congress to adopt measures for its promotion and development. 

The universalization of this principle will place all States in an equal position of shared responsibility. The respect of and support for this principle will further allow the promotions of the norms and values of international law and is the best argument to convince States that they need to subscribe to the Statute of the International Criminal Court.

[1] http://www.mpr.es/NR/rdonlyres/B9FABD01-28F0-4133-9D7E-CBB989D83483/92813/planddhh.pdf