The Future of Universal Jurisdiction – Tenth Anniversary of the Madrid–Buenos Aires Principles
On November 4, a commemorative event was held at the Congress of Deputies to mark the tenth anniversary of the Madrid–Buenos Aires Principles. The meeting brought together jurists, academics, institutional representatives, civil society organisations, and human rights experts to reflect on the progress and challenges in applying the principle of universal jurisdiction, as well as the need to reaffirm its validity in the face of the retreat of international law and growing global impunity. Throughout the day, speakers emphasised that strengthening the rule of law and fighting impunity are fundamental pillars for ensuring global justice, alongside the incorporation of new perspectives, such as gender, in the prosecution of the most serious crimes.
Greetings and opening remarks
The event began with remarks from Enrique Santiago, spokesperson for the SUMAR Plurinational Parliamentary Group, who warned that “today there is a clear desire to dismantle international law” and stressed the importance of Spain reclaiming the principle of universal jurisdiction to combat impunity and reinforce the rule of law.
Next, María Garzón inaugurated the session, recalling that this commemoration represents a decade of work to update and expand the principles governing universal jurisdiction, including crimes historically outside its reach. She pointed out the structural limitations of the International Criminal Court, as seen in conflicts such as Gaza, and emphasised the urgency of strengthening complementary international justice mechanisms. She also underlined the importance of integrating a gender perspective, historically absent in this field but increasingly recognised through recent debates such as that of gender apartheid.
Baltasar Garzón reviewed the historical milestones of the principle of universal jurisdiction, from its roots in the School of Salamanca to its development in the 1990s, with cases involving the Argentine and Chilean dictatorships and the 1998 arrest warrant for Pinochet. He pointed out that the initial drive for universal justice came from victims and civil society rather than institutions, and lamented that the 2009 and 2014 reforms had restricted its application in Spain. He concluded by noting that if this principle were universally recognised, “impunity would cease to exist”, since it “closes the cracks in international and humanitarian law that are widening today in the face of utilitarianism and the erosion of human rights”.
From Argentina, Eugenio Raúl Zaffaroni participated remotely and defined universal justice as a right that transcends borders, cultures, and social conditions. Reflecting on Argentina’s post-dictatorship experience, he emphasised the need to annul amnesty laws incompatible with international law. He warned that international law is undergoing a “civilisational decline” and reaffirmed that universal jurisdiction entails a voluntary limitation of state sovereignty in favour of humanity, a legal and ethical duty of States.
Panel 1: Progress, challenges, and opportunities
Professor Jorge Rodríguez reminded participants that universal jurisdiction is not a political option but a legal obligation derived from international human rights treaties. He criticised the selective application of these principles by certain States according to geopolitical interests, which undermines the system’s legitimacy. He referred to the case of Palestine and questioned Europe’s lack of willingness to investigate crimes committed by its allies, which erodes trust in international law. He argued that the future of universal justice depends on effective international cooperation, both among States and with global institutions such as the International Criminal Court.
For his part, Professor Matías Bailone, also participating remotely, offered a more critical perspective, describing the current context as a “civilisational crisis” that threatens the humanist values of law. He highlighted the therapeutic and restorative value of judicial processes, for victims and for States that acknowledge their past, and warned of the risk of political instrumentalisation of international mechanisms. He called for a universal justice committed to truth rather than convenience.
Panel 2: Challenges and pending reforms in Spain
Deputy Enrique Santiago recalled recent legislative efforts to restore the principle of universal jurisdiction in Spain, restricted by the 2014 reforms. He explained the content of the proposed law, which seeks to reinstate popular prosecution, eliminate restrictive connection points, and allow the reopening of archived cases. Although the bill was admitted for debate in 2024, it remains stalled due to a lack of political consensus. Santiago insisted that “prosecuting the most serious crimes against humanity is a democratic necessity” and that Spain must reclaim its role as an international reference point in the fight against impunity.
Dolores Delgado, Prosecutor of the Human Rights and Democratic Memory Division, recalled that Spain was a pioneer in the 1980s and 1990s in defending the principle of universal jurisdiction, though later reforms weakened that leadership. She proposed advancing toward a “universal justice of cooperation”, based on collaboration between prosecutors, courts, and international institutions. She stressed the importance of rebuilding public trust in the justice system by ensuring effective responses for victims of international crimes.
Panel 3: The role of civil society
From civil society, lawyer Bénédict de Moerloose emphasised the essential role of NGOs and victims’ associations in promoting and applying universal justice, as they are often the ones who document facts, identify suspects, and file initial complaints. He lamented that the suppression of popular prosecution in Spain has weakened this role and argued for restoring mechanisms that allow citizens to actively participate in the fight against impunity.
Esteban Beltrán, Director of Amnesty International Spain, analysed the crisis of the multilateral system, noting that the UN Security Council is paralysed by the repeated use of the veto. He warned about the normalisation of serious human rights violations and the rise of unresolved conflicts, but recognised that international tribunals continue to play an essential role. He called for building a new global coalition between governments and civil society to defend international law against current setbacks.
Closing the panel, Alessia Schiavon, Director of FIBGAR, emphasised that universal justice is a founding value of the Foundation and that its application must include gender-sensitive approaches. She explained that FIBGAR is currently revising the Principles of Universal Justice to incorporate a more inclusive perspective. She concluded by recalling that universal justice is not only a legal tool but also an ethical and educational project, ending her speech with FIBGAR’s new campaign slogan: “Democracy is not inherited, it is built”.
Conclusions
The event highlighted the urgency of reaffirming the principle of universal jurisdiction in a global context marked by wars, impunity, and institutional crises. The speakers agreed that universal justice remains an essential tool for the defence of human rights, but that it requires political will, international cooperation, and citizen participation to be effective.
As part of the commemoration, FIBGAR presented two initiatives aimed at strengthening its commitment to justice, memory, and democracy.
The first, the campaign “Democracy is not inherited. It is built. Make noise.” is a call to action in the face of the global regression of human rights and the consolidation of impunity. Its central message emphasises that democracy is not a passive legacy but a living process that requires memory, participation, and constant vigilance. The campaign invites the public to sign a manifesto for the restoration of universal jurisdiction in Spain, justice for victims, and the active defence of democracy.
The second initiative was the launch of the Universal Jurisdiction Website, a digital platform created to mark the tenth anniversary of the Madrid–Buenos Aires Principles. This open archive seeks to preserve and disseminate the legacy of those Principles, offering a virtual library, historical cases, audiovisual materials, and a free online course on universal jurisdiction.
Both initiatives reflect FIBGAR’s commitment to a living, participatory, and transformative international justice. Ten years after the Madrid–Buenos Aires Principles, their spirit continues to guide a collective project: to preserve memory, promote accountability, and build a democracy that is not inherited but exercised and defended every day.
Sara Zanon, FIBGAR collaborator
