From global risk to enemy logic

criminal policy and hybrid nuclear threat in Spain

Abstract

This article analyzes the evolution of Spanish criminal policy in response to the “hybrid nuclear threat,” a strategic challenge that blurs the lines between peace and war through the use of the “gray zone” and vectors such as cyberattacks. The central hypothesis is that, to address this existential risk, the Spanish state has developed a security model that aligns with the logic of the “criminal law of the enemy.” Through the study of the legislative architecture and penitentiary execution, this paper examines how this criminal policy materializes in a significant anticipatory penal logic and an exceptional regime that prioritizes
the pre-emptive incapacitation of high-risk subjects over resocialization. The analysis demonstrates that this paradigm, while seeking effective prevention, creates profound tensions with the principles of proportionality and the guarantees of a State under the rule of law. In conclusion, a series of reforms are proposed to steer the state’s response towards a more rational and comprehensive model.