Update | Spanish court indicts China's ex-president Hu Jintao on genocide charges
Spain’s National Court has agreed to hear charges of genocide against former Chinese President Hu Jintao.
On Thursday, the court’s criminal division ruled in favour of an appeal by Tibetan exile groups allowing the indictment of Hu, a request which had been dismissed in June by the same court.
The court, which handles crimes against humanity and genocide, argued that the earlier decision had to be overturned because one of the plaintiffs, Thubten Wangchen, is a Spanish citizen and because China had not carried out its own investigation into the allegations.
“There’ll be some sort of diplomatic reaction,” said Nina Jorgensen, an associate professor at the Chinese Univeristy of Hong Kong’s Faculty of Law. “China has been very much against these proceedings.”
“But in all likelihood, not a lot will happen,” she cautioned. “The case brings attention to the issue and gives the victims at least an opportunity to bring attention to their claims.”
Spanish courts can hear cases of crimes against humanity wherever they occur outside its national territory on the legal principle of universal competence. In 2009, the universality was limited to cases in which Spanish citizens are victims of such crimes.