Portal de Murcia
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The thesis, The principle of universal jurisdiction (or the search for balance between "the possible" and "should be"), conducted by Irene Vázquez Serrano and directed by the professor of the University of Murcia María José Cervell Hortal, develops a study of universal jurisdiction from international law and analyzes the main impediments to the exercise of universal jurisdiction, both in international law and in the Spanish legal system, concluding the lack of real political will of States when exercising the principle in the scenario of realpolitik, despite the fact that, on occasion, universal jurisdiction may become the only instrument available to victims in the realization of their right of access to justice.
Universal jurisdiction is very topical these days.
Following the Opinion of the group of experts appointed by the Ministry of Justice and the Report of the International Legal Department of the Ministry of Foreign Affairs at the end of 2018, an amendment to the current regulation of the LOPJ contemplating the exercise of the universal principle is already under discussion by the Spanish State, and everything points to a return to universal jurisdiction that we had with the reform carried out in 2009, "much more modest than the 1985 reform, yes, but not as restricted as the current one, that could lead to the reopening of various issues such as Tibet, José Couso, CIA flights, Guantánamo, torture in Guatemala, the Israeli bombing in Gaza or illegal detentions, torture and executions in Syria. "
The doctoral thesis was defended in the Faculty of Law of the University of Murcia, on January 17, and had International Mention, obtaining the highest grade, outstanding cum laude.
Source: Universidad de Murcia
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