Extradition to Spain—US Soldiers Update

Spain’s National Court has upheld the warrants for the arrest of three soldiers in the US Army.^[1] The warrants were challenged by a state attorney who claimed the Spanish tribunal did not have jurisdiction over the matter, which involves the killing of television cameraman Jose Couso in April of 2003.^[2]

National Court Judge Santiago Pedraz, in rejecting the attorney’s challenge, said “there is sufficient reason to believe they are responsible” for the murder and additionally for “crimes against the international community.”^[3] Judge Pedraz also made it clear that the charges were not a reprisal for the US’s lack of cooperation in the investigation.^[4]

Spain does not expect the US to arrest the soldiers, but they would be subject to detention, “with an eye to extradition to Spain,” if they travel to another country that has an extradition treaty with Spain.^[5]

We have previously discussed the case here.

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[1] Spanish Court Upholds Warrants for US Soldiers, Expatica.com, Oct. 28, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.