Legal Material

Criminal Law Chamber of the Supreme Court (on behalf of Civil Servants Trade Union Clean Hands (Sindicato de Funcionarios Manos Limpias) and Civil Association Liberty and Identity (Asociación Civil Libertad e Identidad)) v Baltasar Garzón Real, Appeal judgment, Supreme Court Judgment no 101/2012, ILDC 1855 (ES 2012), 27th February 2012, Supreme Court



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Whether international criminal law could be directly applied by the judiciary in order to investigate the crimes committed in Spain between 1936 and 1952 without violating the principles of legality and non-retroactivity.

Whether national legislation on amnesties could be overridden by international law.

Keywords: Amnesty; Crimes against humanity; Customary international law; Disappearances; Duty to investigate; Duty to prosecute; Human rights, gross violations; Human rights, principle of legality; Human rights, right to a judge; Human rights, right to effective remedy; Human rights, right to truth; Individual criminal responsibility; International criminal law, obligation to prosecute; International law and domestic law, conflicts between; International law and domestic law, consistent interpretation; International law and domestic law, direct effect; International law and domestic law, incorporation; Intertemporal law; Nullum crimen sine lege; Peremptory norms / ius cogens

Legal Material.  24760 words. 

Subjects: Public International Law ; International Law ; Law

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