Maritime Interdiction on The High Seas: A Case Study of Spain and The Concept of ‘Universal Jurisdiction’

Abstract

This paper presents an analysis of illicit maritime trafficking of psychotropic substances and law enforcement policies within the context of ‘Universal Jurisdiction’. To this end, we examine the case of Spain and its Universal Jurisdiction reform, which has led to the dismissal of numerous proceedings initiated for alleged drug trafficking and release of the perpetrators, with consequent limitations on the actions of Spanish agencies responsible for the investigation, suppression and prosecution of illicit trafficking by sea.

First, we analyse the regulatory context in which such interventions take place. Next, we present an overview of Spanish maritime policy, before and after the Universal Jurisdiction reform. We conclude this paper with the interpretation and approach adopted by the Supreme Court in recent judgements, which leave open the possibility of applying Universal Jurisdiction to prosecute the crime of illicit trafficking of narcotic drugs and psychotropic substances.