Statement on the Closure of the Legal Case for Iraq in Spain

STATEMENT ON THE CLOSURE OF THE LEGAL CASE FOR IRAQ IN SPAIN | Press Release
FILED AGAINST FOUR US PRESIDENTS AND FOUR UK PRIME MINISTERS FOR WAR CRIMES, CRIMES AGAINST HUMANITY AND GENOCIDE IN IRAQ
CALL FOR COORDINATED ACTION

MADRID/CAIRO: Public inquiries on the decision to wage war on Iraq that are silent about the crimes committed, the victims involved, and provide for no sanction, whatever their outcome, are not enough. Illegal acts should entail consequences: the dead and the harmed deserve justice.

On 6 October 2009, working with and on behalf of Iraqi plaintiffs, we filed a case before Spanish law against four US presidents and four UK prime ministers for war crimes, crimes against humanity and genocide in Iraq. The case presented spanned 19 years, including not only the wholesale destruction of Iraq witnessed from 2003, but also the sanctions period during which 1.5 million excess Iraqi deaths were recorded.

We brought the case to Spain because its laws of universal jurisdiction are based on principles enshrined in its constitution. All humanity knows the crimes committed in Iraq by those we accused, but no jurisdiction is bringing them to justice. We presented with Iraqi victims a solid case drawing on evidence contained in over 900 documents and that refer to thousands of individual incidents from which a pattern of accumulated harm and intent can be discerned.

When we brought our case, we knew that the Spanish Senate would soon vote on an amendment earlier passed by the lower house of parliament to curtail the application of universal jurisdiction in Spain. We were conscious that this restriction could be retroactive, and we took account of the content of the proposed amendment in our case filing. As we imagined, 2009 turned out to be a sad year for upholding universal human rights and international law in Spain. One day after we filed, the law was curtailed, and soon thereafter our case closed. Serious cases of the kind universal jurisdiction exists to address became more difficult to investigate.

One more jurisdiction to fall...

Call for wider collective effort to prosecute

We regret that the Spanish courts refused to investigate our case, but this will not discourage us. We have a just cause. The crimes are evident. The responsible are well known, even if the international juridical system continues to ignore Iraqi victims. Justice for victims and the wish of all humanity that war criminals should be punished oblige us to search for alternative legal possibilities, so that the crimes committed in Iraq can be investigated and accountability established. Read more.