Eminentoes
Here Comes the Super Judge
There’s no greater practitioner of extraterritorial injustice than the obsessively prolific Baltasar Garzon.
Former Israeli foreign minister Tzipi Livni canceled a trip to Great Britain after an arrest warrant was issued for her role in “Operation Cast Lead” in the Gaza Strip. The British government apologized and announced plans to change its statute invoking universal jurisdiction, but London has failed to act on similar promises made in the past.
Britain is not alone in seeking to prosecute foreigners for actions committed in foreign lands. Canada, France, Germany, and Spain also claim the authority to jail most anyone for acts committed elsewhere. The practice is a dangerous assault both on national sovereignty and, individual justice.
Historically nations only exerted jurisdiction over people and events within their own borders. No matter how offensive the acts of others elsewhere, sovereignty simultaneously dictated and limited the reach of the law.
While that meant some people escaped justice, it protected others from the politicization of the law. One could be held accountable in court only by the government to which one owed allegiance or which had jurisdiction where the alleged crimes occurred.
This traditional limitation on criminal prosecutions is under increasing attack. Transnational tribunals, such as those impaneled for the Balkans and Sierra Leone, have been created under the aegis of the United Nations. The International Criminal Court is a permanent body with jurisdiction over a number of offenses.
More disturbing is national “universal jurisdiction,” whereby individual countries assert authority to prosecute legal offenses irrespective of where they occurred. While originally focused on crimes against humanity, tax evasion, organized crime, and even environmental issues have been or could become subject to extraterritorial claims.
The Iraq war triggered multiple complaints against former president George W. Bush and leading figures in his administration. When then-Defense Secretary Donald Rumsfeld faced possible prosecution in Belgium, he threatened to move NATO’s headquarters, causing Brussels to scale back the law’s reach. But individuals and groups continue to push charges against former American officials elsewhere.
The premier symbol of this new form of “justice” is Judge Baltasar Garzon Real of Spain. A left-wing student activist in the waning days of the Franco dictatorship, he became the National Court’s youngest magistrate at age 32 in 1988. Called “super judge,” he has much greater power than in a country with common law, Anglo-Saxon legal tradition.
Explains Giles Tremlett of the Observer: a typical investigating magistrate “does not conduct trials, but prepares them. He helps coordinate the policy enquiry, jails or bails suspects and, eventually, decides whether to bring charges.”
In 2006 Garzon declared: “We are all involved in the universe of human rights and obligations and that is why we all have the duty to find the appropriate solutions, so we can see improvements.” But his efforts more often yield publicity than convictions.
“That desire to win spectacular cases — that is more powerful in him than any other motivation. He needs attention,” said Juan Alberto Belloch, a former Spanish justice minister.
No doubt, many of Garzon’s targets deserve prosecution for something by someone somewhere. But his campaigns have politicized the concept of justice and threatened the rule of law well beyond Spain’s boundaries. “Garzon is a pioneer,” opined colleague Lola Delgado. In the field of justice that should not be considered a compliment.
For instance, Garzon has declared that George Bush, former British premier Tony Blair, and Spanish prime minister Jose Maria Aznar should be prosecuted for the war in Iraq, “one of the most sordid and unjustifiable episodes in recent human history; a devastating attack on the rule of law.” In Garzon’s view, “There is enough of an argument in 650,000 deaths for this investigation to start without delay.”
In 2008 Garzon suggested that he would fight global warming by targeting major polluters. The same year he directed a conference at the University of Jaen which included a forum on climate change. His threat mimicked comments made by James Hansen of NASA, who accused major oil company executives of “a crime” in “putting out misinformation” on the topic. Hansen told Congress that “these CEOs should be tried for high crimes against humanity and nature.”
Also in 2008 Garzon issued an arrest warrant for Russian State Duma Deputy Vladislav Reznik for alleged connections to organized crime. Reznik’s residence on the island of Mallorca was raided and its contents seized. Reznik enjoyed immunity from prosecution in Russia as a member of the legislature.
About the Author
Doug Bandow is a senior fellow at the Cato Institute. A former Special Assistant to President Ronald Reagan, he is the author and editor of several books, including The Politics of Plunder: Misgovernment in Washington (Transaction).
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Pingback| 1.11.10 @ 6:45AM
Doug Bandow » Blog Archive » Arrest That Man! Any Man will Do! links to this page. Here’s an excerpt:
Richard Baker| 1.11.10 @ 7:21AM
When I read that he was a "left-wing student activist", I was not surprised at his concept of universal justice. Wonder how this bozo would feel if he were on the hook for universal judicial misconduct himself? Judges like this one seem to have a God-like believe that the bench gives them omnipotent power. No wonder the legal profession has such low esteem in the public mind.
EasTexan| 1.11.10 @ 7:37AM
Garzon? Ah yes, another Lefty full of self-important bulls%&t. And the jerk is obviously suffering from a God-complex as well... But then so were the likes of Robespierre and Hitler...and see where that got them! Oops...better be careful...I could be called up on charges of dissing!
fbom| 1.11.10 @ 7:47AM
Is this why Mr. Obama issued an executive order exempting INTERPOL from any legal review for their actions in chasing down so called 'international criminals'?
Bill| 1.11.10 @ 8:42AM
Is Garzon going to issue a warrant for Al Gore for fraud? After all he has been lying to the citizens of the world about this global warming BS and for trying to steal billions from the American taxpayer. I think not.
George F| 1.11.10 @ 3:45PM
Leftist complaints are always specifically directed toward people who disagree with them while if they did this themselves there should be no problem. A typical hypocritical elitist philosophy. This type of behavior will continue until the public gets fed up with their idiocy.
(Ken (Old Texican)| 1.11.10 @ 10:42AM
I don't care if Mr. Garzon is the epitome of brilliance and judicial prudence....him or anyone ELSE!
Screw 'em all!
Our forebears left the European sewer a long time ago.
Their Interpol given policing powers here?
Screw that too!
Europeans...by definition..... cannot...cannot even conceptualize "personal sovereignty"....period.
Yank our support out from under them, and watch them cry like babies.
Ken (OLd Texican| 1.11.10 @ 11:04AM
I want to amend my previous statement...to say...
"with the exception of the Swiss".
Dixie Pixie| 1.11.10 @ 3:32PM
A Question for you Ken.
Does the Texas Rangers have Extrajudicial Powers. If so can the Texas Rangers be sent to arrest this nut for being part of the criminal organization called Socialism / Marxism.
Turnabout is fair play.
Ken (Old Texican)| 1.11.10 @ 5:09PM
HAH! Dixie!
Well...anecdotally speaking only, I have heard our Rangers are somewhat geographically challenged.
(heh)
I will relate a true story though. When George W. was still Governor of Texas, evidently our Rangers were involved in catching a Canadian murderer. The Canadians started screaming to high heaven about the murderer's upcoming execution since they don't have capitol punishment.
Governor Bush made me a friend for life with his televised reply in his best quirky fashion: "Well, if they don't want us executing Canadians, just tell 'em to quit coming down here and murderering Texans.
My deepest thoughts?
Interpol...just like the mafia...and ACORN...just better not show up here.
You can read the Rangers' charter on their website I imagine, but you will have to read between the lines.
Our Rangers' motto is "one riot...one Ranger". yep!
Dixie Pixie| 1.11.10 @ 7:14PM
Greetings Ken
Why yes I had heard the Texas Rangers were sometimes “geographically challenged” as to the exact location of the Mexican border. That historical nugget is what prompted my question.
Maybe Judge Baltasar Garzon would like a extended tour of the Huntsville State Prison courtesy of the Texas State Legislature and Texas Rangers.
Pingback| 1.11.10 @ 1:24PM
ADF Alliance Alert » Here comes the super judge – ‘universal jurisdiction’ claims links to this page. Here’s an excerpt:
Seth Cooper| 1.11.10 @ 1:28PM
Excellent article.
Brian B| 1.11.10 @ 2:50PM
Since this type of extraterritorial overreach would seem to violate our laws, seems to me the way to end this kind of stupidity would be for the US to indict Mr. Garzon and his ilk and arrest them. Would quickly end their little crusades I imagine. Now for a DOJ and a president with the nuts to do it.
George F| 1.11.10 @ 3:47PM
Congratulations! You hit the nail on the head.
J.C.Eaton| 1.11.10 @ 10:20PM
As Andrew Jackson might say:"Baltasar Garzon has made his decision, now let him try to enforce it."
Jackgn| 1.12.10 @ 1:45AM
The sovereign nation-state rules. To hell with globalization and one world Rockefeller government. How I despise these one world types of Bastards.
Pingback| 1.13.10 @ 1:04AM
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