La jurisdicción universal: una realidad en constante construcción

Abstract

There have been, and there will be, a lot of critic regarding the decisions of the Spanish constitutional [judge]. Spain, as the nation of the brilliant and universal Quixote of Cervantes, accepts any international crime that is brought to it. Spain will fight against giants, but the crucial element is thinking that they are just wind mills that will cease brandish its weapons when the impunity’s winds lower and its vicious circle be broken. The universal jurisdictional principle is a humanitarian must, an ethical demand, a political obligation, and an unpostponible judicial need.

The rain cycle constitutes the depiction of the relationship between law and justice, both in the national and international arenas. National law and justice are like a sea of decisions and laws whose best part evaporates and condensates in a gradually cloudy sky, clouds that would be international law and justice. Once crystallized, the rain falls over the sea as the international law and justice influencing, melting and diluting itself in its fall into the national sea. The influence is a mutual, reciprocal and symbiotic one since it enriches every single area of law and justice. To achieve the effective implementation of idealistic international justice, national as well as international courts must continue creating law and jurisprudence, based on a single, spreading and overflowing concept: human being dignity. In Peter Häberle words “currently there is nothing for us but to create a national, regional and universal constitutional law of human dignity.”