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Updates on Spain

31 Dec 2005

Spain ratified on 24 October 2000, becoming the 22nd State Party.

In June 2003, the Government adopted a draft law on cooperation and called for a special parliamentary session on July 8, in order to have it approved. The law can be referenced as "Proyecto de Ley 121/000156 Orgánica de Cooperación con la Corte Penal Internacional".

In mid-November 2002, the Spanish government adopted a draft law on cooperation (Ley Organica) that was then submitted to the Council of the Judiciary (Consejo General del Poder Judicial) and the Advisory Council to the government (Consejo de Estado) for approval.

Previously, the government was engaged in a legislative campaign to modify the penal code, in particular to raise the maximum term of imprisonment from the current 30 years to 40 years for the worst crimes, such as terrorism.

Opposition political parties (PSOE and IU) had submitted several proposals to Parliament requesting the Government to accelerate the pace of implementation of the Rome Statute.

At a seminar in Madrid on 5 March 2002, key actors from all ministries debated procedural and substantive legislative reforms. Spain must adopt a law on cooperation with the ICC, similar to the two laws already in place for cooperation with the International Criminal Tribunals for former Yugoslavia and Rwanda. In addition, while genocide and war crimes are already covered under the Penal Code, crimes against humanity had to be incorporated into the Penal Code.

Following ratification of the Statute, the government created a commission to draft implementing legislation, composed of experts from the Ministries of Justice, Foreign Affairs and Defence.

Spain's deposit of its ratification instrument was accompanied by three declarations:
1. Pursuant to Article 103 of Spain's Constitution, Spain declares it will be willing to receive persons sentenced by the ICC, provided that these persons will not have been sentenced to a term of imprisonment that exceeds the maximum permitted under the Spanish legislation (30 years);
2. Under Article 87,
a. Spain declares that the Ministry of justice will be the normal channel for communications with the Court without prejudice of the competences of the Ministry of Foreign Affairs;
b. Spain also declares that requests for cooperation and any documents supporting them will have to be either in Spanish or translated into Spanish.

On 13 September 2000, the Senate adopted the draft ratification bill following unanimous approval by the Foreign Relations Committee of the Parliament.

On 22 May 2000, the Council of Ministers approved the bill of ratification to be sent to Parliament.

The government had sent the bill of ratification to the Consejo de Estado (the supreme consultative organ of the government) several months earlier for a constitutional advisory opinion. Although some issues posed potential challenges to the Constitution, such as the immunity of the head of state and life imprisonment, this body concluded that there was no need to amend the Constitution.