Combating Impunity for International Crimes in Spain: From the Prosecution of Pinochet to the Indictment of Garzón

Abstract

This paper analyses the technical and legal aspects of developments that have taken place in practice involving lawmakers and the judicial authorities in Spain in the prosecution of international crimes. Since the mid-nineties, when the Spanish courts, under the protection of universal jurisdiction, recognised their jurisdiction to prosecute Pinochet, through to the recent indictment of the Spanish National Court judge Baltasar Garzón for abuse of judicial authority for starting proceedings in relation to possible international crimes committed in Spain during the civil war and the period of the Franco dictatorship, various different actions concerning this matter have been taken by lawmakers and the judicial authorities.

The apparent schizophrenia manifest in these actions, which is made evident throughout this paper, should serve as a proving ground for the arguments for and against efforts to combat impunity at the national level, without sight being lost of the very meaning of this struggle, namely, the right to effective judicial remedy for the victims of the most abominable crimes committed against mankind.

Keywords: International criminal law, transitional justice, crimes against humanity, Spain