DENATURING UNIVERSAL JUSTICE: TOWARDS AN EXCLUSIVE AND CONDITIONAL PERSECUTION OF TERRORISM

Abstract

The LO 1/2014 reforming article 23.4 LOPJ has been a decisive step back in the fight against impunity. Since then universal jurisdiction in Spain has been virtually blocked to pursue the most serious international crimes, such as genocide, crimes against humanity and war crimes. However, the same article grants privileged treatment to Spanish jurisdiction to prosecute terrorist crimes, if only one of the eight connection points is fullfilled. Taking advantage of this legal special treatment, some cases in the National Court have not been able to be filed (Ellacuría, Carmelo Soria). At the same time other new cases have been admitted to processing by reconverting international crimes to State terrorist offenses (Boko Haram, Syria)