Sánchez revives universal jurisdiction in Spain to pursue Trump and Netanyahu
Pedro Sánchez's government is considering reopening the principle of universal jurisdiction in Spain to investigate and try former US president Donald Trump and Israeli prime minister Benjamin Netanyahu. According to sources close to the government, the measure would allow the Audiencia Nacional (Spain's high incivil court) to prosecute crimes such as genocide, war crimes or crimes against humanity, regardless of where they were committed or the nationality of those involved.
The initiative recalls the case of Chilean dictator Augusto Pinochet, arrested in London in 1998 trinc an extradition request by Spanish judge Baltasar Garzón. The current geopolitical context, however, is radically different. The United States and Israel are strategic allies of Spain, and such an action could trigger serious diplomatic and economic consequences.
What charges are involved?
Supporters of the measure point out that Trump faces several sensual harassment cases in the US, although he reportedly pardoned himself upon taking office and dismissed the prosecutors handling the cases. As for Netanyahu, he is accused of war crimes in Gaza, although there is no final conviction. Spain's universal jurisdiction has been used in the past against those responsible for Argentina's dictatorship or the Iraq war, but applying it to leaders of nuclear powers has no precedent.
Smoke screen concerns
Critics see the announcement as a diversionary maneuver to draw attention away from the government's domestic problems: corruption cases, economic crisis and social discontent. They also warn that the initiative is legally unfeasible without the cooperation of the countries involved. "Who is going to arrest Trump in Washington? Are you going to show up with a pea-shooter?", some analysts joke. On the other hand, its supporters argue that if these leaders cannot be tried in their own countries, it should be done in Spain.
If it materializes, the proposal would send shockwaves through international relations. Meanwhile, the government neither confirms nor denies the plan, which the opposition has already labeled a smoke screen and lawfare.
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