Spain and the Rome Statute
| Signature, Ratification of/Accession to the Rome Statute of the ICC
|
| Signature Date: |
18 July 1998 |
| Ratification Date: |
24 October 2000 |
| Amendments to the Rome Statute
|
| Ratification of the Kampala Amendment to Article 8 of the Rome Statute on war crimes [poison and expanding bullets in NIAC] (2010): |
Yes, ratified on 25 September 2014. |
| Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): |
Yes, ratified on 25 September 2014. |
| Ratification of the Amendment to Article 124 of the Rome Statute (2015): |
Yes, ratified on 21 March 2022. |
| Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [biological weapons] (2017): |
No. |
| Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [blinding laser weapons] (2017): |
No. |
| Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [non-detectable fragments] (2017): |
No. |
| Ratification of the Amendments to Article 8 of the Rome Statute on war crimes [starvation as a war crime in NIAC] (2019): |
No. |
| Adoption of implementation legislation of the Rome Statute of the ICC |
|
The Organic Law 10/1995 of 23 November 1995 of the Penal Code of Spain domesticates the core Rome Statute crimes except for the crime of aggression. There are a few underlying acts under crimes against humanity and war crimes not implemented under the Spanish legislation. Art. 615 bis of the Criminal Code incorporates the “responsibility of commanders and other superiors” principle, while the Organic Law 15/2003, of 25 November 2003, which amends the Criminal Code, incorporates the “non-applicability of statute of limitations” principle.
Organic Law 18/2003, of 10 December 2003, provides for cooperation with the International Criminal Court. Spain has full universal jurisdiction provisions. The jurisdiction of Spanish courts over crimes against humanity, genocide, and war crimes is provided for under Article 23.4 of the Organic Law on the Judicial Power (Organic Law 6/1985, of 1 July 1985).
|
| Cooperation Agreements |
| Ratification of Agreement on Privileges and Immunities of the Court (APIC): |
Yes, signed on 21 April 2003 and ratified on 24 September 2009. |
| Signature of Agreement of Enforcement Sentences with the ICC: |
Yes, signed on 8 December 2022 but has not entered into force (pending the finalization of the necessary domestic procedures). |
| Signature of Agreement of Interim and Final Release with the ICC: |
No. |
| Signature of Bilateral Immunity Agreement with the USA: |
No. |
Parliamentary Action
Key Documents
