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May 22, 2009

The Reign in Spain to Stay Mainly in Spain?

There is a push in Spain to limit the ability of its courts.  Currently, Spain has a law which allows its courts to investigate and prosecute human rights violations regardless of where the events took place or where the perpetrators reside.  This law has been used to prosecute former Chilean dictator Augusto Pinochet (all around not a nice guy: see Operation Condor) and is currently being used to investigate the Bush administration's actions at Guantánamo Bay and Israeli actions during the recent war in Gaza. 

This law, however, is giving the Spanish government headaches though.  It is causing them to worry about relations with the U.S. as it is trying to forge a relationship with the Obama administration.  While this can cause tensions with the U.S., especially with issues of state sovereignty, ultimately the overall relationship with the U.S. is unlikely to change.  The U.S. (read Bush administration) might get a black eye, but any punishment will be avoided (as long as anyone convicted never goes to Spain).

Yet, Spain should not change this law.  Real outcomes happen when they begin investigations.  In the Pinchet case, Spain's actions caused Pinochet to be under house arrest in Britain and it also pushed Chile to start its own investigation.  Spain's moral position is influencing other nations to examine human rights abuses and while this may rub some states the wrong way, it does put Spain in a moral high ground.  Overall, these investigations and prosecutions benefit not only Spain, but also the rest of the world.

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