The investigation of crimes committed during the spanish civil war and franco regime as an alleged breach of legal duty a critical analysis of the decision of the supreme court of 3 february 2010 from the perspective of international law

Abstract

In this article we will raise a number of legal considerations, in accordance with the applicable international law, in order to refute the arguments put forward in the decision of the Supreme Court of 3 February 2010 that support the charge for breach of legal duty against Judge Baltasar Garzón. In particular, we will explain how a correct interpretation of Law 52/2007, the right to an effective remedy, the right to access to justice, the Amnesty Law of 1977, as well as a correct understanding of the concept of crimes against humanity, including enforced disappearances, as per international law, cannot sustain such charges.