Spain will no longer be part of the club of enforcers of international justice. On the 11th of February, the Spanish parliament voted to push forward a bill that limits the power of Spanish judges to pursue criminal cases outside of Spain.
The ruling party in the country, the People's Party (PP), tabled a fast-track legal change to limit the use of universal jurisdiction, a provision of international law that allows judges to investigate cases of human rights abuses committed in other countries and not necessarily their own. This provision was adopted in Spanish law more than two decades ago, and since that time there have been various Spanish judges who have investigated serious human rights abuses in Argentina, Israel, the U.S., Rwanda, and Guatemala.
One of the most famous cases that brought the Spanish justice system to international attention was the arrest of former Chilean dictator Augusto Pinochet. Although some of the cases have had little or no connection to Spain or Spanish nationals, the judges insisted that any national system can prosecute egregious crimes anywhere in the world.
However, it seems that Spain will be enforcing international law no more. The Partido Popular is worried about how these investigations could lead to diplomatic conflicts.
What sparked this change in policy was the fact that a Spanish judge issued a detention order for former Chinese President Jiang Zemin, former Premier Li Peng, and several other officials who are accused of authorizing repression and abuses in Tibet. The investigation of human rights abuses in Tibet followed after a lawsuit was presented by human rights organizations and a Spanish national in 2006. Because the arrest warrant was issued through Interpol, if Li Peng or the others leave Chinese territory, they could be arrested.
Certainly, China was not pleased with the accusations of its formal officials, and China's foreign minister called in Spanish Ambassador Manuel Valencia to express his concern; he stated that "we hope the relevant parties in Spain take China's concern seriously, and do nothing to hurt this country or the relations between China and Spain."
While Spain is slowly clawing its way out of recession and struggling to get back on its feet, a diplomatic conflict that could put at stake the considerable bilateral trade between the two countries, making these court investigations an extremely delicate issue.
As the vote on limiting the universal jurisdiction in Spain was approved by MPs, the doctrine will only be applied when the defendant is Spanish or a resident in Spain. Also, only public prosecutors and victims will be able to bring cases before the Spanish court, and not interest groups or third parties.
Although national sovereignty and international law have often clashed and found themselves amidst a very grey area of jurisdiction, one cannot help but wonder if Spain can "opt out" for the sake of economic benefit, and if so, how many more countries will follow the example?
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Spain Enters Diplomatic Conflict with China Over Tibet
February 21, 2014
Spain will no longer be part of the club of enforcers of international justice. On the 11th of February, the Spanish parliament voted to push forward a bill that limits the power of Spanish judges to pursue criminal cases outside of Spain.
The ruling party in the country, the People's Party (PP), tabled a fast-track legal change to limit the use of universal jurisdiction, a provision of international law that allows judges to investigate cases of human rights abuses committed in other countries and not necessarily their own. This provision was adopted in Spanish law more than two decades ago, and since that time there have been various Spanish judges who have investigated serious human rights abuses in Argentina, Israel, the U.S., Rwanda, and Guatemala.
One of the most famous cases that brought the Spanish justice system to international attention was the arrest of former Chilean dictator Augusto Pinochet. Although some of the cases have had little or no connection to Spain or Spanish nationals, the judges insisted that any national system can prosecute egregious crimes anywhere in the world.
However, it seems that Spain will be enforcing international law no more. The Partido Popular is worried about how these investigations could lead to diplomatic conflicts.
What sparked this change in policy was the fact that a Spanish judge issued a detention order for former Chinese President Jiang Zemin, former Premier Li Peng, and several other officials who are accused of authorizing repression and abuses in Tibet. The investigation of human rights abuses in Tibet followed after a lawsuit was presented by human rights organizations and a Spanish national in 2006. Because the arrest warrant was issued through Interpol, if Li Peng or the others leave Chinese territory, they could be arrested.
Certainly, China was not pleased with the accusations of its formal officials, and China's foreign minister called in Spanish Ambassador Manuel Valencia to express his concern; he stated that "we hope the relevant parties in Spain take China's concern seriously, and do nothing to hurt this country or the relations between China and Spain."
While Spain is slowly clawing its way out of recession and struggling to get back on its feet, a diplomatic conflict that could put at stake the considerable bilateral trade between the two countries, making these court investigations an extremely delicate issue.
As the vote on limiting the universal jurisdiction in Spain was approved by MPs, the doctrine will only be applied when the defendant is Spanish or a resident in Spain. Also, only public prosecutors and victims will be able to bring cases before the Spanish court, and not interest groups or third parties.
Although national sovereignty and international law have often clashed and found themselves amidst a very grey area of jurisdiction, one cannot help but wonder if Spain can "opt out" for the sake of economic benefit, and if so, how many more countries will follow the example?
