Spain’s attorney general has ordered the creation of a special task force to investigate alleged crimes in Gaza, with a focus on possible crimes against humanity and genocide.
Attorney General Álvaro García Ortiz announced the move in a directive published this week, saying the incidents “are of the utmost gravity, violate international humanitarian law and constitute crimes under Article 607 of the Spanish Penal Code (crimes against humanity).”
The decision followed a request in late July from Dolores Delgado, a human rights prosecutor, and her colleague Jesús Alonso to open such an inquiry. The first stage will consist of a pretrial investigation, with findings to be shared with the International Court of Justice (ICJ) and the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague.
Spain formally joined South Africa’s case against Israel at the ICJ last year, which accuses Israel of violating the Genocide Convention. In his directive, García Ortiz wrote that Spain is obligated to cooperate with such proceedings under national and international law. He noted that Spanish law authorizes prosecutors to investigate these crimes even if they occur outside the country’s jurisdiction.
In the past, Spanish courts accepted complaints against senior Israeli officials under the principle of universal jurisdiction. After years of diplomatic pressure, Spain’s parliament revised the law to bar investigations or arrest warrants without prosecutorial approval — a move similar to changes made earlier in Belgium and Britain.
The Spanish opposition has accused García Ortiz of exploiting the Gaza issue for political reasons to avoid stepping down after scandals linked to his tenure, and to align himself with Prime Minister Pedro Sánchez, whom critics describe as one of Europe’s most outspoken leaders against Israel.
Sánchez, who is also grappling with corruption scandals involving close associates, has positioned himself in recent years as a leading critic of Israel within the European Union. He was among the first senior European leaders to condemn Israel’s response in Gaza after Hamas’ Oct. 7 attack. Over the past year, he has accused Israel of genocide, labeled it a “genocidal state” and pushed for sanctions.
Last week, Sánchez drew criticism at home when, in a speech announcing an arms embargo on Israel, he acknowledged that Spain lacks the military strength to enforce its demands. “Spain, as you know, has no atomic bombs, no aircraft carriers, no large oil reserves. Alone we cannot stop the Israeli offensive,” he said.