Uncovering Spain's Lost Victims: Can the Continuing Crimes Doctrine Expand the Jurisdiction of the International Criminal Court?

Authors

Kaitlyn Booher

Recommended Citation

Kaitlyn Booher, Uncovering Spain's Lost Victims: Can the Continuing Crimes Doctrine Expand the Jurisdiction of the International Criminal Court?, 57 Case W. Res. J. Int'l L. 465 (2025)
Available at: https://scholarlycommons.law.case.edu/jil/vol57/iss1/23

Abstract

Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)