La fragilidad de una jurisdicción universal complementaria de la justicia internacional penal: el reciente paradigma español

Abstract

Installed in the general consciousness of humanity the imperative to prevent impunity for the most serious international crimes, the relevance of universal jurisdiction in achieving this end is unquestioned from the international consensus. However, this consensus disappears when deepens in scope, content and application. States pushed for it are succumbing to antagonistic forces favored by international dissension in their regulation. The case of Spain and its recent legislative reform serves as a current example of involution which is subject to the principle of universal jurisdiction. Meanwhile, the gap of impunity for serious violations of human rights is extended, despite notable practices of state courts in the prosecution and punishment of the enemies of mankind (hostis humani generis).