...unlikely to take the step that the Spanish court has taken. It likely would be a violation of the
complementarity doctrine under the Rome Statute. Spain is seeking to domesticate an alleged international violation that occurred in Iraq. On the national level, the normal route in a case such as this would be to have the territorial state (Iraq) prosecute the soldiers, or a court martial by the military justice system of the state in which the soldiers serve. There is some room to argue for Spanish jurisdition under principles...
19.10.05
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Roger Alford
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