Spain Courts Universal

http://www.spiegel.de/international/world/0,1518,628112,00.html#ref=nlint

'Against the Spirit of Universal Jurisdiction'

Critics of the court in Madrid may find satisfaction by the end of the year. The ruling Socialists have forged a rare agreement with the conservative opposition to rein in the principle of "universal jurisdiction." The accused will have to be arrested in Spain, a victim will have to be a Spaniard, or there will have to be some other decisive connection to Spain before the court will be allowed to proceed. There will also have to be proof that no other national court system has taken up a given case.

Most of the justices in the Audiencia Nacional are against these restrictions, which are "against the spirit of universal jurisdiction as a mechanism to end impunity," according to Baltasar Garzón. The justices believe their international battle, with law book in hand, is the price the Spanish government must pay to defend its human-rights agreements.

The reform by the Spanish government that promises to restrict the court's jurisdiction may come into force by the end of 2009. That would mean the dismissal of five international investigations -- three dealing with China and two with Israel. Then the plaintiffs will have to find Spaniards affected by any given case, and the process would have to start over again.