Source: (2014) Connecticut Journal of International Law. 29:227-254.

This paper analyzes the current legal and political controversies raised by the tens of thousands of unsolved cases of enforced disappearance that occurred in Spain during the Civil War in light of the international standards of reparation for serious human rights violations. The authors focus on the legal aspects relating to the international regulation of enforced disappearance as a continuing crime, the state's obligations to investigate, criminally prosecute and punish such crimes or extradite the possible culprits, and the dubious application of regulations by the Spanish Supreme Court and the Audiencia Nacional. In the opinion of the writers, this domestic interpretation implies the denial of adequate reparation to victims under the applicable international legal regimes and a breach of Spain's international obligations. The paper subsequently examines the refitsal of the European Court ofHuman Rights to recognize the victims' rights to a legal remedy and access to a court through a strikingly restrictive interpretation of the temporal limits of its own jurisdiction with regard to human rights violations of a continuing nature. In a final appraisal of the current situation, the authors argue for the implementation of a truth commission in Spain and the enhancement of the competencies of the international bodies dealing with this issue. 227 (author's abstract)