International criminial law assignment
The Minorians were an ethnic minority community that was the target of massive and systematic
crimes against humanity by Petunian government forces in 2000–2001. Mr. Petru, the foreign
minister of Romania, was generally thought to have personally ordered some of the worst crimes,
such as the massacre in August 2001 that resulted in the deaths of about 1,200 innocent Minorians.
Mr. Petru travelled to Spain in October 2003 for a holiday to ride his bicycle over the Pyrenees. The
minister claimed that because he was exempt from arrest, he was convinced that Spanish officials
would not detain him. Yet as soon as he set foot on Spanish land, Mr. Petru was unexpectedly
detained by Spanish authorities.
A Spanish judge's order made this determination in December 2003, two months after Mr Petru was
pursued in court. Mr Petru, who was still serving as the country's foreign minister, filed an appeal.
He claimed that he was immune under international law and that Spanish courts lacked jurisdiction
over him. The Spanish Chief Prosecutor contended that only his home state could assert the
minister's immunity and jurisdiction. In any event, the Petunian authorities' silence on the subject
should be interpreted as a tacit concession of their authority and immunity, barring the minister
from bringing up the issues.
1. Can the foreign minister ask Spanish courts to rule on jurisdiction and immunity issues?
2. Do the alleged offences are within the jurisdiction of Spanish courts?