What is the procedure for prosecuting crimes against humanity?

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The procedure for resolving issues of jurisdiction between the Spanish judicial bodies and the International Criminal Court is regulated in article 7 of the Organic Law of Cooperation with the International Criminal Court . If there is a complaint or complaint before a Spanish body in relation to events that occurred in other states by foreign nationals, and whose prosecution may be the responsibility of the International Criminal Court, the Spanish body must abstain, informing the interested party of the possibility of attending. directly to the Prosecutor of the Court , who may, if he deems it necessary, initiate an investigation, in addition to adopting the appropriate urgent measures. If, upon receipt of the request, the Prosecutor of the Court decides to reject the matter, the complaint, complaint or request may be submitted again to the corresponding Spanish bodies. On the other hand, in the event that the acts have been committed in Spanish territor.

Whose alleged perpetrators are Spanish nationals , the Ministry of Justice will receive notification from the Prosecutor of the Court informing it of the possible jurisdiction of the Spanish bodies. The Ministry will then request urgent information from the State Attorney General on the existence of open criminal proceedings in relation to the matter, as well as on the possible Spanish jurisdiction to prosecute the facts. If this is deemed to DM Databases be the case, the Ministry of Justice will request the Prosecutor of the Court to recuse himself from acting on the procedure. If, on the other hand, there are no judicial proceedings by the Spanish bodies in progress, nor has an investigation of the facts been initiated, the Ministry of Justice will urgently inform the Prosecutor of the Court. In any case in which the competent chamber of the International Criminal Court authorizes the Prosecutor of the Court to proceed with the investigation, or decides to maintain its jurisdiction over the procedure, the Spanish judicial body must recuse itself in its favor.



From there, the Spanish judicial bodies must cooperate at all times with the bodies of the International Criminal Court, handing over those responsible for appearance and prosecution when appropriate. There is an appeal against the order of the central investigating judge in which the surrender is decided before the Criminal Chamber of the National Court, which will be substantiated in accordance with the provisions of article 790 of the Criminal Procedure Law . Regarding the legitimacy to initiate the procedure by complaint or complaint, the general rules contained in the Criminal Procedure Law for national crimes govern.What is the International Criminal Court? The International Criminal Court is an independent international organization that was created by treaty to end impunity for those responsible for the most serious crimes affecting the entire international community. This organization has jurisdiction to hear the procedures in which the most serious crimes with international significance are prosecuted , and works in coordination with the states that ratified the Statute of the International Criminal Court adopted in Rome on July.