State Party: yes
Date signed: July 18, 1998
Date ratified: Oct. 24, 2000

National Legislation

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court
Ley Orgánica 18/2003, de 10 de diciembre, de Cooperación con la Corte Penal Internacional
Organic Law Law 6/1985, of 1 July, on the Judiciary
The Spanish Constitution
Codigo Penal
Criminal Code
Código de Legislación Penal (consolidation)
Constitución Española
Ley Orgánica 15/2003 de 25 noviembre, por la que se modifica la Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal


Spain ratified the Rome Statute in 2000. In 2003, two organic laws were adopted in order to implement the provisions of the Rome Statute.
Organic law 15/2003 introduced necessary amendments to the Spanish Criminal Code in order to implement Articles 6-8 of the Rome Statute. This law also introduced crimes against humanity for the first time. The provisions dealing with war crimes were also amended in light of Article 8 of the Rome Statute. The 2003 amendments, however, did not incorporate war crimes relating to sexual offences and child soldiers. The provision prohibiting genocide already contained in the Spanish Criminal Code goes beyond the Rome Statute in some respects.
Organic law 18/2003 regulates the cooperation between Spain and the International Criminal Court as well as aspects relevant to the complementarity regime pursuant to which the Court operates. LO 18/2003 also modified the applicability of the principle of universal jurisdiction in Spain with regard to crimes under the jurisdiction of the ICC.
Both implementing laws are intended to regulate only residual aspects, as the Rome Statute is directly applicable in the Spanish legal system, according to Art. 96.1 of the Spanish Constitution. This will also be the case for the Rules of Procedure and Evidence, once they are published in the Spanish official bulletin. Therefore the Rome Statute will be the primary source of law applicable to the cooperation with the ICC, followed by specific cooperation agreements that Spain might enter into with the ICC. Other matters not sufficiently regulated by these sources are dealt with in LO 18/2003. For all other remaining issues, other relevant Spanish laws shall be applicable.


View relevant provisions here.