How Spain cooperates with the International Criminal Court

Automatic summary, not yet reviewed

1. The law governs cooperation between Spain and the International Criminal Court, and states that Spain will fully cooperate with the Court as provided in the Rome Statute.
2. Only the Government, through an agreement of the Council of Ministers, may report a situation to the Court's Prosecutor or challenge the Court's jurisdiction or the admissibility of a case.
3. If the Court investigates acts that could fall under Spanish courts, the Government decides whether to uphold Spanish jurisdiction and ask the Prosecutor to decline. If the Court's competent chamber keeps its jurisdiction, the Spanish court steps aside in favor of the Court.
4. The Central Investigating Judge of the Audiencia Nacional decides on surrendering a person requested by the Court. The person can consent to simplified surrender, and the decision can be appealed to the Criminal Chamber of the Audiencia Nacional.
5. As a general rule, the detained person stays in provisional custody, though the judge may grant provisional release in urgent and exceptional circumstances after weighing the Court's recommendations.
6. The law also covers other forms of cooperation: appearance of witnesses and experts, serving in Spain sentences imposed by the Court, reparation measures for victims, and the possible holding of the trial in Spain.

Who it affects

• People requested or detained by the International Criminal Court: They are detained, brought before the Central Investigating Judge within 72 hours, and may be surrendered to the Court, with the option to consent to surrender or request provisional release.
• The Government and the Ministries of Justice and Foreign Affairs: They exclusively decide on reporting situations, challenging the Court's jurisdiction, and requesting that the Court decline; the Ministry of Justice is the channel to the Court.
• Judges of the Audiencia Nacional and the Public Prosecutor's Office: They handle surrenders, process cooperation requests, and can appeal decisions to the Criminal Chamber.
• Witnesses, experts, and people convicted by the Court: They may be summoned or temporarily transferred to appear before the Court, and convicted persons may serve their sentence in Spanish prisons.

Words worth knowing

Corte Penal Internacional (International Criminal Court)

An international court, based in The Hague, that tries the gravest crimes under the 1998 Rome Statute.

Entrega (surrender)

Handing a person over to the Court for trial or to serve a sentence, similar to extradition but to an international court.

Cooperación pasiva y activa (passive and active cooperation)

Passive means handling requests the Court sends to Spain; active means asking the Court for help with cases pending in Spain.

Inhibición (declining jurisdiction)

When a court stops handling a case and gives it to another body considered competent.

Cosa juzgada (res judicata)

A matter already decided by a final judgment that cannot be tried again.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries