- By Joshua Keating
Joshua Keating is associate editor at Foreign Policy and the editor of the Passport blog. He has worked as a researcher, editorial assistant, and deputy Web editor since joining the FP staff in 2007. In addition to being featured in Foreign Policy, his writing has been published by the Washington Post, Newsweek International, Radio Prague, the Center for Defense Information, and Romania's Adevarul newspaper. He has appeared as a commentator on CNN International, C-Span, ABC News, Al Jazeera, NPR, BBC radio, and others. A native of Brooklyn, New York, he studied comparative politics at Oberlin College.
Spanish investigative judge Baltasar Garzon has made a name for himself by prosecuting human rights abusers around the world — including former Chilean leader Augusto Pinochet — using universal jurisdiction to get around national amnesties. But Garzon is now himself being charged with abuse of power relating to an investigation of murder’s and disappearances under the Franco regime. His supporters are now fighting back:
Lawyers representing Argentine relatives of three Spaniards and an Argentine killed during the 1936-39 war will ask the federal courts here Wednesday to open an investigation, and hope to add many more cases in the months to come.
So Garzon’s supporters now hope to launch the same investigation – citing the same principles of international law – from Buenos Aires. And while Garzon limited the scope to crimes committed until 1952, the Argentine rights groups hope to address any state terror in Spain from 1936-1977, when its democracy was restored.
Attorney Carlos Slepoy, a specialist in human rights law, told The Associated Press the plaintiffs are invoking the principle of universal jurisdiction, which provides that genocide and crimes against humanity "can be prosecuted by the courts of any country.
The choice of Argentina is interesting since it was Garzon who led the charge to prosecute military figures there for crimes committed during the 1976-83 dictatorship.
Garzon is currently being charged with violating a 1977 amnesty law designed to help Spain move on from the Franco years. I don’t know nearly enough to weigh in on the legal questions involved here, but politically it doesn’t look very good that Spain was willing to let Garzon prosecute abuses in other countries for years, but became uncomfortable with his tactics as soon as he started poking around in his own country’s dirty laundry. This type of challenge should have been expected.
Colum Lynch is Foreign Policy's award-winning U.N.-based senior diplomatic reporter. Lynch previously wrote Foreign Policy's Turtle Bay blog, for which he was awarded the 2011 National Magazine Award for best reporting in digital media. He is also a recipient of the 2013 Elizabeth Neuffer Memorial Silver Prize for his coverage of the United Nations.
Before moving to Foreign Policy, Lynch reported on diplomacy and national security for the Washington Post for more than a decade. As the Washington Post's United Nations reporter, Lynch had been involved in the paper's diplomatic coverage of crises in Afghanistan, Iraq, Lebanon, Sudan, and Somalia, as well as the nuclear standoffs with Iran and North Korea. He also played a key part in the Post's diplomatic reporting on the Iraq war, the International Criminal Court, the spread of weapons of mass destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals.
Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders.
Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe.| Turtle Bay |