Proposal to let Spanish courts try international crimes with no limits

Automatic summary, not yet reviewed

1. The bill would restore the principle of universal justice: Spanish courts could prosecute the worst crimes under international law even if committed outside Spain, with no required link to the country. Reforms in 2009 and 2014 had made this principle almost impossible to apply.
2. It would amend Article 23 of the Organic Laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. on the Judiciary so Spanish courts could try crimes committed abroad by Spaniards or foreigners who later acquired Spanish nationality, under three conditions: the act must be a crime where it was committed, the victim, the Public Prosecutor or a human rights NGO must file a complaint, and the person must not already have been acquitted, amnestied, pardoned or convicted abroad.
3. The bill would expand the list of crimes Spanish courts could try even when committed abroad: genocide, terrorism, torture, piracy, human trafficking, forced disappearance, slavery, serious environmental crimes and others covered by international treaties, among others. Jurisdiction would remain even if another State or international court had a case open, unless that body guarantees a full and impartial trial.
4. Cases closed under the 2014 reform would have to be reopened on the court's own initiative, provided international law requires it and there is no res judicata under international standards.
5. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• Human rights NGOs and organizations: Could file complaints in Spain for these crimes, along with the Public Prosecutor and victims.
• Spanish nationals or foreigners who acquire Spanish nationality: Could be tried in Spain for certain serious crimes committed abroad, even without a prior link to the country.
• Victims of closed international crimes: Cases closed under the 2014 reform could be reopened on the court's own initiative.

Words worth knowing

Justicia universal (universal justice)

A principle allowing a country's courts to try very serious crimes committed anywhere in the world, even if neither the perpetrator nor the victim has ties to that country.

Ley orgánica (organic law)

A type of Spanish law reserved for major matters, such as fundamental rights, which requires a special vote in Congress to pass.

Cosa juzgada (res judicata)

A situation where a case has been finally decided and cannot be tried again.

Querella (criminal complaint)

A filing by which a person asks a court to open a criminal case.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries