Some Snippets from Spanish Universal Jurisdiction Laws

Spanish amendments to universal jurisdiction laws

Sarah Cummins
Criminal Law Talk
2 min readJun 15, 2024

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In Universal jurisdiction, some cases were also stopped due to the immunity granted to heads of state. Spain enacted legislation in 1985, as you know, with a list of offenses, including genocide and terrorism, and others in 2009.

Spain expanded the list of offenses.

However, the amendment also specified that the alleged perpetrators must be in Spain, the victims must be of Spanish nationality, or there must be some other connecting link to Spain.

Of course, the amendment specified that if there were any other proceedings going on in other places, Spain would forego them. I think you’ve heard about this, or you’ll hear more about it from others.

The Spanish Congress of deputies approved another amendment to the universal jurisdiction statute of Spain and added requirements.

It says that the prosecution would be possible only if:

  • The accused individual is a Spanish citizen or,
  • A foreign citizen who is habitually a resident in Spain or,
  • Was found in Spain and whose extradition has been denied by Spanish authorities with respect to war crimes, torture, and disappearances only if the prospective defendant is a Spanish citizen or the victims were at the time of the event.

Spanish citizens and the person accused of the crime in Spanish territory. So, this is just to generalize without going into the details. As I understand, a citizenship requirement was added in 2014. There are currently many cases pending in the Spanish courts.

Thanks for reading.😊

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Sarah Cummins
Criminal Law Talk

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