Spanish extraterritorial jurisdiction over illicit arms trafficking and international treaties binding on Spain

Abstract

Despite its growing importance as a criminal phenomenon, the latest reform of the Spanish extraterritorial jurisdiction did not include illicit arms trafficking in the rank of the offenses to which it extends. Moreover, the fragmented and subordinate treatment of arms trafficking in international treaties entails that the residual clause contained in letter p) of Article 23 - 4. LOPJ only can deploy its potential coverage in limited cases. However, it allows its insertion into the Spanish extraterritorial jurisdiction by way of other criminal offenses explicitly stated in the law, such as crimes committed by a group or criminal organization, or terrorist offenses. This study analyzes the scope of such extraterritorial jurisdiction on illicit arms traffic in the light of what is required or authorized by treaties and other international instruments binding on Spain.