The Crime of Terrorism in the Spanish State: A Crucial Weapon in present Lawfare

Authors

  • Carme Vivancos Sánchez Universitat de Barcelona

DOI:

https://doi.org/10.1344/CLIVATGE2020.8.6

Keywords:

lawfare, Audiencia Nacional, conflicto político, politización de la justicia

Abstract

This article focuses on the exploration of the use of the crime of terrorism that has occurred in the Spanish National Court, based on the study of three cases related to the political conflict which occurred after 2011. From a socio-legal analysis, it is verified that an arbitrary interpretation of the crime of terrorism is carried out and that this results in a legal tool for the Spanish National Court to deal with political ideas, groups and people who may question the instituted order, which results in a judicial war or lawfare. It is confirmed that the definition of terrorism itself is arbitrary, that the crime is interpreted differently depending on the historical moment, that the geographical area where the events take place is decisive for understanding political persecution through judicial mechanisms, that the fact that the crime of terrorism is within the jurisdiction of the Spanish National Court makes the court enjoy excessive control and power and that the profile of the judges and the way in which they can access the Spanish National Court show a latent politicization of justice.

Keywords: lawfare, Spanish National Court, political conflict, politicization of justice

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Published

2020-07-06

How to Cite

Vivancos Sánchez, C. (2020). The Crime of Terrorism in the Spanish State: A Crucial Weapon in present Lawfare. Clivatge. Journal of Studies on Social Conflict and Change, (8). https://doi.org/10.1344/CLIVATGE2020.8.6

Issue

No. 8: The Neoliberal Advance

Section

Articles

License

Copyright (c) 2020 Carme Vivancos Sánchez

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This work is licensed under a Creative Commons Attribution 4.0 International License.

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