Monday, May 25, 2009

Spanish judges insist on stuff like rule of law, basic respect for humanity

This WaPo article on the Spanish National Court caught my eye:

MADRID -- Spanish judges are boldly declaring their authority to prosecute high-ranking government officials in the United States, China and Israel, among other places, delighting human rights activists but enraging officials in the countries they target and triggering a political backlash in a nation uncomfortable acting as the world's conscience.

Judges at Spain's National Court, acting on complaints filed by human rights groups, are pursuing 16 international investigations into suspected cases of torture, genocide and crimes against humanity, according to prosecutors. Among them are two probes of Bush administration officials for allegedly approving the use of torture on terrorism suspects, including prisoners at Guantanamo Bay, Cuba.

The judges have opened the cases by invoking a legal principle known as universal jurisdiction, which under Spanish law gives them the right to investigate serious human rights crimes anywhere in the world, even if there is no Spanish connection.

International-law advocates have cheered the developments and called the judges heroes for daring to hold the world's superpowers accountable. But the proliferation of investigations has also prompted a backlash in Spain, where legislators and even some law enforcement officials have criticized the powerful judges for overreaching, as well as souring diplomatic relations with allies.

The article goes on to note that the lower house of the Spanish parliament passed a law calling on the courts to only deal with cases with Spanish nationals. But here's the thing: countries that sign onto international laws, like Spain does, inherently take part in the doctrine of universal jurisdiction. I don't see how you can pass a law that says that Spanish courts should ignore the laws they're legally bound to.

And if that means angering Chinese, Israeli, and American politicians who may or may not be war criminals, too, so be it. The law is the law, and if they don't like it, maybe they could always try to follow it instead of trying to flout it with impunity, as is done with international law a bit too often.