Universal Jurisdiction in Spain: The Madleen Case Reopens the Debate on Impunity
The Freedom Flotilla Coalition (FFC) is an international grassroots solidarity movement that brings together campaigns and initiatives from various countries with a common goal: to break the illegal Israeli blockade on Gaza. This commitment took shape once again last June with the departure of the ship Madleen, which set sail from the port of Catania, Sicily, loaded with humanitarian aid bound for the Gaza Strip. On board were infant formula, flour, diapers, menstrual hygiene products, desalination kits, first aid supplies, and crutches—essential items for a besieged population.
On June 1, 2025, the Madleen departed with an international crew that included Spanish aid worker Sergio Toribio, Swedish activist Greta Thunberg, and French MEP Rima Hassan. They all shared one goal: to deliver humanitarian aid to Gaza and to denounce the blockade through non-violent action. But their journey was violently interrupted.
On the night of June 8, while sailing in international waters, the passengers were harassed by Israeli military vessels and drones. According to their accounts after being released, drones dropped an irritating white substance on the ship before all communications were cut off. Hours later, the FFC confirmed it had lost contact with the Madleen. In the early hours of June 9, Israeli Navy commandos (Shayetet 13) boarded the ship, used chemical sprays, and detained the twelve crew members without issuing any warning or court order. The vessel was towed to the Israeli port of Ashdod, and from there the passengers were taken to Ben Gurion Airport. Four of them, including Greta Thunberg, were deported on June 10 after signing a document committing to return to their home countries as soon as possible. The other eight activists, including Toribio, refused and were sent to Givon Prison in Ramla, where they reported abuse, mockery, sleep deprivation, and humiliation.
Israeli authorities defended the operation. Foreign Minister Israel Katz accused Thunberg of antisemitism and ordered the detainees to watch the film Witnesses of the October 7 Massacre, a move perceived by the activists as an attempt at forced indoctrination. According to testimony from Dr. Baptista André, another passenger, they were subjected to intimidation and stripped of their belongings.
Back in Spain, on July 3, Sergio Toribio filed a criminal complaint with the National Court against Israeli Prime Minister Benjamin Netanyahu, Minister Israel Katz, Vice Admiral David Saar Salama, and other high-ranking Israeli military officials. The complaint, also supported by the Committee for Solidarity with the Arab Cause, invokes the principle of universal jurisdiction and accuses those responsible of war crimes and crimes against humanity, considering the attack a systematic assault on civilian humanitarian missions seeking to break the blockade on Gaza.
The complaint states that during the boarding of the Madleen, drones, tear gas, and non-lethal weapons were used against an unarmed civilian crew. It also denounces arbitrary detention, forced transfer, isolation, and the denial of basic rights. Specifically, the action is described as part of a deliberate strategy to criminalize international solidarity.
On July 8, Judge Antonio Piña Alonso of the National Court, presiding over Central Investigating Court No. 6, accepted the complaint and opened preliminary proceedings for war crimes and crimes against humanity against Netanyahu, Katz, and several senior officials of the Israeli Defense Forces. In a court order, he requested that the Public Prosecutor’s Office issue an opinion on the proceedings to be carried out and the court’s jurisdiction to handle the case.
The legal basis for this initiative lies in the principle of universal jurisdiction in cases of exceptional gravity, such as genocide, crimes against humanity, war crimes, torture, or enforced disappearances. This legal tool allows Spanish courts to investigate international crimes regardless of where they are committed or the nationality of the victims or perpetrators.
However, since the Organic Law 1/2014 came into force, the application of universal jurisdiction has been severely restricted. The reform requires specific connections to Spain, such as the victim or perpetrator being Spanish and the latter being present on Spanish territory. It also limits legal standing to direct victims and the Public Prosecutor’s Office, excluding popular prosecution.
Furthermore, the law forced the closure of cases that were then pending in Spanish courts. This represented a clear violation of the right to effective judicial protection, enshrined in Article 24 of the Spanish Constitution. Among the cases closed after the reform were those related to Tibet, Falun Gong, and Rwanda—all shelved despite involving serious international crimes.
The Madleen case inevitably recalls the assault on the Mavi Marmara, which was dismissed following the same reform. In 2010, Israeli commandos killed nine activists and injured dozens more in another attempt to break the blockade of Gaza. The inability to prosecute those responsible was contingent on them setting foot in Spain, which never happened.
Today, the context has undeniably changed. The notion that Israel can carry out an effective internal investigation has lost all credibility. The current complaints arise amid accusations of genocide and massive attacks on the civilian population in Gaza. The inability to access international justice turns every legal action, like Toribio’s, into an act of legal and political resistance. However, the law does allow proceedings for serious international crimes—such as genocide or crimes against humanity—when the accused is Spanish, resides habitually in Spain, or extradition has been denied. In this case, the victim is Spanish, but the accused are not on Spanish territory, which complicates the viability of the case.
Even so, the filing of this complaint marks a significant step forward: it puts an urgent debate on the table at a critical moment. Moreover, it coincides with the parliamentary progress of a draft Organic Law registered in November 2023 to fully reinstate universal jurisdiction in Spain. This initiative, taken under consideration by the Plenary in March 2024, proposes to eliminate the limiting connections introduced by the 2014 law, to once again allow popular prosecution, and to reopen archived cases. If passed, this reform would enable Spain to reclaim an active role in the global fight against impunity and in the effective protection of human rights beyond its borders.
Marina de Leiva Álvarez, collaborator at FIBGAR
