Judge Baltasar Garzon
Judge Baltasar Garzon, a pioneer of universal jurisdiction against heads of state, was offered a job by the International Criminal Court today. This comes as Baltasar is being persecuted by far right groups in his home country of Spain. From the Office of the Prosecutor:
“The Office of the Prosecutor (OTP) of the International Criminal Court today confirmed that it has requested Judge Baltasar Garzon of Spain , to work as a consultant for seven months, helping the office improve its investigative methods.
“Judge Garzon’s extensive experience in investigating massive crimes committed by States and non state organisations will be a great contribution to my office.” Prosecutor Moreno-Ocampo said.
Mr Garzon has already assisted the OTP in relation to the preliminary examination the Office is carrying out in Colombia .”
Baltasar famously filed charges against Chilean dictator Augusto Pinochet in 1998 resulting in Pinochet’s arrest in London and subsequent detainment for 18 months before he was deemed too frail to stand trial and was allowed to return to Chile. Even though Baltasar did not invoke universal jurisdiction in the Pinochet case, he charged that crimes had been committed against Spanish citizens in Chile, the Pinochet case emboldened prosecutors to consider charging other heads of state. This has culminated in the arrest warrant issued against sitting Sudanese president Omar Al Bashir by the I.C.C.
Baltasar also made news in 2008 for launching an investigation into six former Bush administration officials. The Bush six – Alberto Gonzales, John Yoo, Doug Feith, Jay Bybee, David Addington and William Haynes – are currently under investigation for constructing policy and providing legal advice resulting in breaches of the Geneva Conventions against Spanish citizens in U.S. military custody.
In 2008 Baltasar also opened an investigation into a mass grave site in Spain from the Franco era. Last month he was charged with knowingly exceeding his authority – by investigating these mass deaths in spite of the 1977 amnesty law in Spain that protects perpetrators of politically motivated crimes from the Franco era from prosecution.
These politically motivated and unconscionable charges could lead to the end of Baltasar’s career as a Spanish Judge. Thankfully, he may now be in better service to the world working for the I.C.C.
