Spain Engages in Investigation of Crimes in Gaza:The Need to Strengthen Universal Jurisdiction
This past Thursday, September 18, the Attorney General of the State, Álvaro García Ortiz, authorized the opening of preliminary proceedings to investigate the actions of the Israeli Army in Gaza, at the request of the Supreme Court Prosecutor for Democratic Memory, Dolores Delgado.
The signed decree empowers the Public Prosecutor’s Office to cooperate with the investigations underway at the International Criminal Court and the International Court of Justice, thus fulfilling the principle of international cooperation.
Spain is obliged to comply as a State Party and has clear commitments derived from international treaties requiring it to prevent and punish the most serious crimes. These include the Convention on the Prevention and Punishment of the Crime of Genocide, ratified by Spain in 1948, which establishes the obligation to prevent and punish genocide, as well as the 1949 Geneva Conventions and their Additional Protocols, which obligate the criminalization and sanctioning of war crimes. Additionally, the Rome Statute of the International Criminal Court, ratified by Spain in 2001, imposes obligations regarding war crimes, crimes against humanity, and genocide, including cooperation with the Court and prosecution of these crimes under domestic jurisdiction if the Court does not act.
These international obligations are reflected in Spanish domestic law. The Criminal Code incorporates the crimes of genocide, crimes against humanity, and war crimes, and establishes universal jurisdiction, allowing Spanish courts to investigate and prosecute these crimes even if committed outside Spain and without Spanish victims. Furthermore, some of these crimes generate erga omnes obligations under customary international law, i.e., obligations toward the entire international community, which Spain must respect and enforce.
Although the Attorney General has indicated that the Chief Prosecutor of the National Court, Jesús Alonso, will also be involved, the possibility that this court opens a criminal investigation is limited by the 2014 reform of international jurisdiction.
For decades, Spain led the application of universal jurisdiction with landmark cases such as Pinochet, Scilingo, Guatemala, El Salvador, the CIA flights, or Tibet, establishing itself as a global reference in human rights protection.
Today, these possibilities have been restricted by reforms to the Organic Law of the Judiciary, particularly those of 2009 and 2014, which introduced connection requirements with Spain and eliminated the popular action, a crucial tool for collectives and NGOs to pursue international crimes.
Meanwhile, other European countries maintain investigations under universal jurisdiction.
In Belgium, a dual Belgian-Israeli citizen, allegedly a member of the Israeli Army sniper unit Refaim in Gaza, is under investigation, and the involvement of other dual citizens with France, Germany, Italy, and South Africa is being assessed.
In the United Kingdom, organizations such as the Palestinian Centre for Human Rights and the Public Interest Law Centre filed complaints against ten British nationals for war crimes and crimes against humanity during their service in the Israeli army in Gaza. In France, in 2024, a complaint against a French-Israeli soldier for torture and complicity in torture as war crimes was dismissed.
Germany, in turn, received in September 2025 a complaint filed by the European Center for Constitutional and Human Rights together with Palestinian organizations, accusing an IDF member from Munich of alleged involvement in the selective killing of unarmed civilians, relying on its solid universal jurisdiction framework, reformed in 2024.
Sweden has also initiated investigations, although neither the individuals involved nor the precise nature of the crimes has been detailed, and its legislation allows the prosecution of genocide, crimes against humanity, and war crimes regardless of where they were committed or the nationality of the perpetrators.
In the face of these ongoing atrocities and international crimes, Spain cannot remain on the sidelines.
In February 2024, the Congress approved the consideration of a bill reforming the Organic Law of the Judiciary, focused on the protection of human rights and universal jurisdiction.
The proposal includes the elimination of section 6 of Organic Law 6/1985, of July 1, on the Judiciary, to restore the popular action and the possibility of filing complaints in Spanish courts for crimes subject to universal jurisdiction. It also proposes amending article 23.4 of Organic Law 6/1985 to adapt the prosecution of crimes that, according to Spanish law or international treaties ratified by Spain, may be considered crimes against human dignity for violating fundamental human rights. The reform would restore access to universal justice in Spanish courts for the prosecution and conviction of those responsible for such crimes, removing the restrictions that had previously limited it.
Finally, a transitional provision allows cases that were closed under the sole transitional provision of Organic Law 1/2014, of March 13, to be reopened to continue their process.
This would enable Spain to recover an international justice system that prevents impunity for serious human rights violations and ensures justice for victims.
At FIBGAR, we reiterate the need to fight impunity and restore universal jurisdiction as a key instrument of international justice. The opening of proceedings concerning Gaza is a crucial step, but genuine protection of human rights requires Spain’s full commitment, enabling victims to access justice and ensuring that those committing heinous crimes face accountability.
Universal jurisdiction cannot be a limited tool; it must be an effective guarantee of justice and reparation for all, without exceptions or delays. Spain has the opportunity and the obligation to lead once again the fight against impunity and reaffirm its historical position as a global reference in human rights defense.
