Country Watch
mation technology, the Baltic Tiger may very likely attract the investment it desires.
As the first country to gain independence from the former Soviet Union, Lithuania knows sweep- ing historical change does not come without pain. If the move means a “better life for all the resi- dents of the country,” as Lithuanian Prime Min- ister Algirdas Butkevicius confidently suggested, then perhaps Lithuanians will be glad the decision was made.
* Submitted by Justin Kohlbeck
Spanish Law Sets Restrictions on Universal Jurisdiction for Spanish Courts
Historically, Spain has exercised universal juris- diction in order to pursue criminal cases outside the country, considering itself to be the bastion of international human rights protection. Earlier this year, Spain passed a new law which has greatly curbed the application of universal jurisdiction by Spanish courts.
The idea of universal jurisdiction entails that any state or international organization can claim juris- diction over an individual, in order to prosecute him for crimes committed anywhere in the world, regardless of his nationality, or any other identi- fying factor, other than the fact that he is an ac- cused. Crimes adjudicated under universal juris- diction are often categorized as crimes affecting the whole international community, such as geno- cide, war crimes, or crimes against humanity. The proponents of universal jurisdiction make the ar- gument that it is in the interest of the international community that states be allowed to prosecute certain individuals committing these crimes if they feel as if they have a moral duty to do so.
The common arguments against universal juris- diction are regarding sovereign equality and non- interference in internal affairs. Spain specifically recognizes the principle of universal jurisdiction in its domestic law, in Article 23.4 of the Judicial
Power Organization Act, 1985.
Spain has been a pioneer in using universal juris- diction in order to prosecute the perpetrators of mass crimes. This particular doctrine has allowed the Spanish government to extend its jurisdiction to inquire into human rights violations in Rwanda, Argentina and Guatemala, as well as the arrest and trial of Augusto Pinochet in London. Judge Baltasar Garzon of Spain is credited with the ar- rest of Pinochet, as it was upon his request of extradition during his visit to the UK that Pinochet was charged with murder and forced disappear- ance during the tenure of his rule; ultimately, he was returned to Chile upon health and humanitar- ian concerns.
However, post-trial, Spain faced issues of judges indiscriminately applying universal jurisdiction and issuing arrest warrants without considering the international climate – for instance, the case of Jose Couso, a journalist who was shot by Ameri- can troops in Iraq.
In 2009, Spain faced immense pressure from the USA regarding cases relating to the atrocities committed at Guantanamo Bay, as well as from Israel, regarding the inquiry into the 2002 bomb- ing of Gaza. It is at this point that the universal jurisdiction law was first amended to limit its us- age to the extent to which cases would only be maintainable if they had a nexus to Spain, and if no other national court was willing to prosecute. It is the second time the new law is amended. It fur- ther tightens the provision by bringing to an end a large number of ongoing investigations such as the detention of the Sahrawis and their alleged genocide and torture by the Moroccans, amongst others.
A government spokesperson clarified that the reasons for this ban on the attempts to pursue prosecution of crimes under universal jurisdiction are conflict incitement and inefficiency. The Par- liament members voted to restrict the exercise of Spanish jurisdiction only to personal jurisdic-
ILSA Quarterly » volume 23 » issue 1 » October 2014
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