A group involved in a case based on the principle of universal jurisdiction, standing outside the Supreme Court in Madrid. From left to right: two plaintiffs, Falun Gong practitioners, democracy activist Wei Jingsheng, human rights lawyer Carlos Iglesias, and another plaintiff who was tortured in China. (The Epoch Times)

The announcement of reform of the principle of universal justice in Spain is an offence to the entire international community and international rights. It was carried out in almost secrecy, without any attempt to engage in debate with organizations that defend human rights, lawyers that take on cases of genocide or torture, or with the numerous judges, experts, or distinguished people around the world who seek justice for crimes against humanity and genocide—impunity from which would render meaningless all notions of civilization and justice.

The two major parties, PP (People’s Party) and PSOE (Spanish Socialist Workers' Party), have come to an agreement to cave in to political, and above all, economic pressures, that governments of powerful countries are exercising to suppress the right of victims to have justice. It is ethically and morally alarming; it is also legally despicable, under pressure from countries that are committing real outrages and atrocities against innocent people, to change a law in Spain that not only offers justice to victims, but also a window of information to the world, so that people may know the truth of the terrible crimes that degrade all of humanity.

“All that is necessary for the triumph of evil is that good men do nothing.”

We want to be confident that this change does not happen, that there be a constant struggle of all the people and institutions who keep vigil in defense of human rights in Spain, and for universal justice. Men, women, and national and international organizations will give their maximum support and dedicate all their efforts for this historical error to be avoided. If this change to the law is not repealed, it will be a treachery for victims of genocide around the world.

Before now, Spain had been the only country that had not ceded to economic and political pressures to repeal this law, becoming a bastion that under no circumstances should be broken down. Otherwise, the price will be a step back for justice around the world, since other organizations capable of prosecuting these types of crimes, for example, the International Criminal Court, can only judge those crimes committed after July 1, 2002, and that affect countries that have ratified the Treaty of Rome.

At the end of the Second World War and in front of the barbarism of the Nazis against the Jews, the international community said to itself that it would “never let occur again these horrendous crimes against humanity,” and to such an end, the very General Assembly of the United Nations approved on December 9, 1948, the so-called “Convention for the prevention and sanction of the crime of genocide,” which entered into force on December 12, 1951. This convention defined the crime of genocide as a crime of international law through acts designed to destroy in whole or part a national, ethnic, racial, or religious group, putting the obligation on signatory states of the convention to legislate in their states against these crimes and sanction the criminals. Spain ratified the convention in 1968, and as such is obliged to abide by the convention.

The Organic Law of the Judiciary Power of 1985 established in Spain the principle of universal justice, which basically consists in the possibility of pursuing and enforcing certain crimes of extreme gravity and which affect the international community, independent of whether the crimes were committed by Spanish people or foreigners, or whether they were outside the territory of Spain. Among the crimes pursuable in Spain are the gravest crimes against humanity, like genocide, torture, terrorism, the trafficking of drugs, or corruption of minors.

The principle of universal justice has been a historical conquest that has its basis in essential facts: when grave crimes are committed, they are not only directed against the specific victims, but also against the international community and international rights—this extends beyond national borders. This is to say, it affects and is incumbent on everyone, regardless of where they live. The only response is to protect the victims that cannot find justice in the countries where the crimes are committed. In the majority of cases, in fact, it is precisely the leaders of these countries who are involved.

Universal justice prevents impunity from these terrible crimes. While perpetrators of genocide and torture may feel they can freely carry out such acts in their own countries, they should know that they will be prosecuted elsewhere.

Carlos Iglesias is a human rights lawyer based in Spain.