Kingdom of Spain

Rome Statute July 18, 1998 Oct. 24, 2000
APIC April 21, 2003 Sept. 24, 2009

Implementation Notes

Spain ratified the Rome Statute in 2000. In 2003, two organic laws were adopted in order to implement the provisions of the Rome Statute.
Organic law 15/2003 introduced necessary amendments to the Spanish Criminal Code in order to implement Articles 6-8 of the Rome Statute. This law also introduced crimes against humanity for the first time. The provisions dealing with war crimes were also amended in light of Article 8 of the Rome Statute. The 2003 amendments, however, did not incorporate war crimes relating to sexual offences and child soldiers. The provision prohibiting genocide already contained in the Spanish Criminal Code goes beyond the Rome Statute in some respects.
Organic law 18/2003 regulates the cooperation between Spain and the International Criminal Court as well as aspects relevant to the complementarity regime pursuant to which the Court operates. LO 18/2003 also modified the applicability of the principle of universal jurisdiction in Spain with regard to crimes under the jurisdiction of the ICC.
Both implementing laws are intended to regulate only residual aspects, as the Rome Statute is directly applicable in the Spanish legal system, according to Art. 96.1 of the Spanish Constitution. This will also be the case for the Rules of Procedure and Evidence, once they are published in the Spanish official bulletin. Therefore the Rome Statute will be the primary source of law applicable to the cooperation with the ICC, followed by specific cooperation agreements that Spain might enter into with the ICC. Other matters not sufficiently regulated by these sources are dealt with in LO 18/2003. For all other remaining issues, other relevant Spanish laws shall be applicable.

National Implementing Legislation

Código Penal y Legislación Complementaria 1995 (2016)
Criminal Code 1995 (2013)
Ley Orgánica 18/2003, de 10 de diciembre, de Cooperación con la Corte Penal Internacional 2003

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