Domestic implementation of international criminal law
Kingdom of Sweden
Domestic
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Crimes Crime of Aggression / Crimes against peace
No provision.
Crimes against humanity
Crimes against humanity are defined in Section 2 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes of Sweden:
Act on criminal responsibility for genocide, crimes against humanity and war crimes.
(Svensk författningssamling [SFS] 2014:406)
Swedish Code of Statutes [SFS] 2014:406 (as amended up to SFS 2016:515), 11 June 2014. [ENG]Genocide
Genocide is defined in Section 1 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes of Sweden:
Act on criminal responsibility for genocide, crimes against humanity and war crimes.
(Svensk författningssamling [SFS] 2014:406)
Swedish Code of Statutes [SFS] 2014:406 (as amended up to SFS 2016:515), 11 June 2014. [ENG]
[Editor's Note: The Act relating to the punishment of genocide, 1964 (Lag om straff för folkmord, 1964), was repealed by the "Act on criminal responsibility for genocide, crimes against humanity and war crimes", according to which the Genocide Act (1964:169) ceased to apply on 1 July 2014.]War Crimes
War crimes are defined in Sections 3-11 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes of Sweden:
Act on criminal responsibility for genocide, crimes against humanity and war crimes.
(Svensk författningssamling [SFS] 2014:406)
Swedish Code of Statutes [SFS] 2014:406 (as amended up to SFS 2016:515), 11 June 2014. [ENG]
[Editor's Note: Section 6 on the war crimes of plunder, seizure and destruction of property was amended by SFS 2017:719. In turn, SFS 2017:1294 sets the 10th of February 2018 as the date of entry into force of the amendments. The wording of Section 6 as amended by SFS 2017:719 is available only in Swedish. (See Lag (2014:406) om straff för folkmord, brott mot mänskligheten och krigsförbrytelser). War crimes were also included in section 6, Chapter 22 of the Penal Code of Sweden, but this section was repeled by Law (2014:407). The full text of Penal Code in Swedish is available under the "Resources and Links" section below. Please note that the English version of the Swedish Penal Code available under the "Resources and Links" section does not reflect legislative changes in the Penal Code after 1 May 1999.]
Jurisdiction Jurisdiction ratione personae is provided for under Section 2, Chapter 2 ("On the applicability of Swedish law") of the Swedish Penal Code.
In accordance with Section 3.6, Chapter 2, of the Penal Code, Swedish courts have jurisdiction over crimes under the Law (2014:406) on criminal responsibility for genocide, crimes against humanity and war crimes when committed abroad. In addition, Sweden can exercise its jurisdiction over crimes committed abroad if the least severe punishment prescribed for the crime in Swedish law is imprisonment for four years or more (Law 1998:1703), as is the case for genocide and crimes against humanity (c.f. the Swedish Penal Code, Section 3.7, Chapter 2). However, in accordance with Section 5, Chapter 2, of the Swedish Penal Code, prosecution of crimes which have been committed outside of Sweden requires the authorization of the Swedish Government, except, inter alia, when the crimes have been perpetrated by a member of the armed forces in an area in which a detachment of the armed forces was present; in the course of duty outside the Realm by a person employed in the Armed Forces and serving in an international military operation or belonging to the police force abroad; in Denmark, Finland, Iceland or Norway or on a vessel or aircraft in regular traffic between places situated in Sweden or one of the said states, or by a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish interest. (c.f. the Swedish Penal Code, Section 5.2, 5.3, 5.4 and 5.5, Chapter 2). [Full text of Penal Code in Swedish available under the "Resources and Links" section below]
Genocide and crimes against humanity committed prior to 01 July 2014, which is the date of entry into force of Law 2014:406, "are prosecuted in Sweden in accordance with the legislation previously in force [i.e., former Section 6 -Crime against International law and Aggravated Crime against International Law-, Chapter 22, of the Swedish Penal Code and the Swedish Act on Criminal Responsibility for Genocide (1964:169)]. War crimes, also known as universal crimes, may be investigated in Sweden regardless of where or by whom they were committed. If the suspect is not a Swedish citizen, the person may, in certain cases, be extradited to his or her home country or to the country where the crime was committed to be prosecuted there. If not, the offences will be investigated here [in Sweden]. At the Swedish Police, this is the responsibility of the War Crimes Unit."
[Excerpted from the website of the War Crimes Unit of the Swedish Police]
Common provisions:Principle of Command Responsibility: Sections 13-15 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes
Attempt, preparation or conspiracy to commit or failure to reveal an act of genocide, a crime against humanity or a war crime: Section 16 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes and Chapter 23 of the Swedish Penal Code.
Non-applicability of statutory limitations: Section 2.2, Chapter 35 of the Swedish Penal Code (Non-applicability of statutory limitations to genocide, crimes against humanity or serious war crimes under sections 1, 2 and 11 of the Act on criminal responsibility for genocide, crimes against humanity and war crimes (2014:406). Accorging to the transitional provisions of the Penal Code (Act 2014:407), Section 2, Chapter 35 applies to genocide, attempted genocide and serious war crimes committed prior to the entry into force of Act 2014:406, i.e., 01 July 2014).
See also:
Information provided by Sweden on the scope of universal jurisdiction in accordance with General Assembly resolution 64/117.
The scope and application of the principle of universal jurisdiction (Agenda item 86), General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010).
[General Assembly resolution 64/117 (A/RES/64/117) of 15 January 2010, "[R]equests the Secretary-General to invite Member States to submit, before 30 April 2010, information and observations on the scope and application of the principle of universal jurisdiction, including information on the relevant applicable international treaties, their domestic legal rules and judicial practice, and to prepare and submit to the General Assembly, at its sixty-fifth session, a report based on such information and observations." This document contains the reply provided by Sweden to the said request.]
International Criminal Court
Rome Statute of the International Criminal Court: The Kingdom of Sweden signed the Rome Statute of the International Criminal Court on 7 October 1998 and deposited its instrument of ratification on 28 June 2001.
Cooperation with the International Criminal Court Ordinance (2003:69).
Ministry of Justice, Stockholm, 27 February 2003. [ENG]
Cooperation with the International Criminal Court Act (2002:329).
Ministry of Justice, Stockholm, 08 May 2002. [ENG]
* * *
Upon ratification of the Rome Statute the Kingdom of Sweden made the following statement:“In connection with the deposit of its instrument of ratification of the Rome Statute of the International Criminal Court and, with regard to the war crimes specified in Article 8 of the Statute which relate to the methods of warfare, the Government of the Kingdom of Sweden would like to recall the Advisory Opinion given by the International Court of Justice on 8 July 1996 on the Legality of the Threat or Use of Nuclear Weapons, and in particular paragraphs 85 to 87 thereof, in which the Court finds that there can be no doubt as to the applicability of humanitarian law to nuclear weapons.”
Upon ratification of the Rome Statute the Kingdom of Sweden made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
“With regard to Article 87, paragraph 1, of the Rome Statute of the International Criminal Court, the Kingdom of Sweden declares that all requests for cooperation made by the Court under part IX of the Statute must be transmitted through the Swedish Ministry of Justice.
With regard to Article 87, paragraph 2, of the Rome Statute of the International Criminal Court, the Kingdom of Sweden declares that all requests for cooperation and any supporting documents that it receives from the Court must be drafted in English or Swedish, or accompanied, where necessary, by a translation into one of these languages.”
On 7 July 2003, the Kingdom of Sweden made the following objection with regard to the declaration made by Uruguay upon ratification:
"The Government of Sweden has examined the interpretative declaration made by the Eastern Republic of Uruguay upon ratifying the Rome Statute of the International Criminal Court (the Statute).
The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the declaration made by Uruguay to the Statute in substance constitutes a reservation.
The Government of Sweden notes that the application of the Statute is being made subject to a general reference to possible limits of the competence of the State and the constitutional provisions of Uruguay. Such a general reservation referring to national legislation without specifying its contents makes it unclear to what extent the reserving State considers itself bound by the obligations of the Statute. The reservation made by Uruguay therefore raises doubts as to the commitment of Uruguay to the object and purpose of the Statute.
According to article 120 of the Statute no reservations shall be permitted. The Government of Sweden therefore objects to the aforesaid reservation made by Uruguay to the Rome Statute of the International Criminal Court.
This objection shall not preclude the entry into force of the Statute between Sweden and Uruguay. The Statute enters into force in its entirety between the two States, without Uruguay benefiting from its reservation."
- Under Construction -
➤ The Prosecutor v. Clever Berinkindi: (Genocide Case, Rwanda)
The Prosecutor v. Clever Berinkindi. Case B 4951-16, Svea Court of Appeal, Judgment of 15 February 2017.
Judgment in Genocide Case. Press release, Svea Court of Appeal, 15 February 2017. [SWE]
Svea Court of Appeal Upholds Genocide Conviction . Global Legal Monitor, Library of Congress, 05 April 2017. [ENG]
The Prosecutor v. Clever Berinkindi. Stockholm District Court, Judgment of 16 May 2016.
Swedish convicted of genocide in Rwanda. Press release, Stockholm District Court, 26 maj 2016. [SWE]
➤ The Prosecutor v. Mohammad Abdullah: (War crimes case, Syria)
The Prosecutor v. Mohammad Abdullah. Case B 11191-17, Södertörn District Court, Judgment of 25 September 2017.
➤ The Prosecutor v. Haisam Omar Sakhanh: (War crimes case, Syria)
The Prosecutor v. Haisam Omar Sakhanh. Case B 3157-17, Swedish Supreme Court, Decision of 20 July 2017.
The Prosecutor v. Haisam Omar Sakhanh. Case B 3787-16, Svea Court of Appeal, Judgment of 31 May 2017.
The Prosecutor v. Haisam Omar Sakhanh. Case B 3787-16, Stockholm District Court, Judgment of 16 February 2017.
➤ The Prosecutor v. Mouhannad Droubi: (War crimes case, Syria)
The Prosecutor v. Mouhannad Droubi. Svea Court of Appeal, Judgment of 05 August 2016.
The Prosecutor v. Mouhannad Droubi. Case B 13656-14, Södertörn District Court, Judgment of 26 February 2015.
Syrian Rebel Mouhannad Droubi Sentenced To 5 Years In Swedish Prison For War Crimes. International Business Times, USA, 26 February 2015. [ENG]
➤ The Prosecutor v. Stanislas Mbanenande: (Genocide Case, Rwanda)
The Prosecutor v. Stanislas Mbanenande, Press release, Svea Court of Appeal, B 6659-13, 19 June 2014
Court of Appeal Upholds life sentence in Genocide case. Press release, Svea Court of Appeal, 19 June 2014. [ENG]
The Prosecutor v. Stanislas Mbanenande, Stockholm District Court, B 18271-11, 20 June 2013.
Judgment in Rwandan Case. Press release, Stockholm District Court, 20 June 2013. [SWE]
The Implications for Council of Europe Member States of the Ratification of the Rome Statute of the International Criminal Court. Progress report by Sweden.
Council of Europe, Consult/ICC (2001) 37, Strasbourg, 13 September 2001
The Constitution of Sweden. The Fundamental Laws and the Riksdag Act. (2016)
Parliament of Sweden. [ENG]. [Last accessed 31Jan18]. [External Link to pdf document]
Lag (2014:406) om straff för folkmord, brott mot mänskligheten och krigsförbrytelser Svensk författningssamling 2014:406. Svensk författningssamling [SFS] 2014:406, as amended up to SFS 2017:1294
(Act on criminal responsibility for genocide, crimes against humanity and war crimes)
Swedish Parliament. [SWE]. [Last accessed 31Jan18]. [External Link]
Lag om ändring i lagen (1994:569) om Sveriges samarbete med de internationella tribunalerna för brott mot internationell humanitär rätt. Svensk författningssamling [SFS] 2002:330.
(Law amending the Act (1994: 569) on Sweden's cooperation with the international tribunals for crimes against international humanitarian law;)
Notisum. [SWE]. [Last accessed 01Feb18]. [External Link to pdf document]
The Swedish Penal Code (1962:700). (Adopted in 1962; entered into force on 1 January 1965).
Government Offices of Sweden. [ENG]. [Last accessed 01Feb18]. [External Link]
[Please note that this version of the Swedish Penal Code in English does not reflect legislative changes in the Penal Code after 1 May 1999.]
Brottsbalk (1962:700). Svensk författningssamling 1962:700. (Penal Code)
Swedish Parliament. [SWE]. [Last accessed 01Feb18]. [External Link]
The Swedish Code of Judicial Procedure (1942:740).
Government Offices of Sweden. [ENG]. [Last accessed 02Feb18]. [External Link]
Legal assistance in criminal matters.
Government Offices of Sweden. [ENG]. [Last accessed 01Feb18]. [External Link]
Extradition for Criminal Offences.
Government Offices of Sweden. [ENG]. [Last accessed 01Feb18]. [External Link]
Folkmordet 1915 på armenier, assyrier/syrianer/kaldéer och pontiska greker. Motion 2008/09:U332
(Resolution 2008/09:U332 about the genocide of 1915 against Armenians, Assyrians / Syrians / Chaldeans and Pontiac Greeks).
Swedish Parliament. [SWE]. [Last accessed 01Feb18]. [External Link]
War Crimes Unit.
Polisen (The Swedish Police), [ENG]. [Last accessed 05Feb18]. [External Link]
Documents and laws.
Swedish Parliament. [SWE]. [Last accessed 01Feb18]. [External Link]
List of International Humanitarian Law Treaties to which the Kingdom of Sweden is a State party.
International Committee of the Red Cross). [ENG]. [Last accessed 31Jan18]. [External Link]
Additional Documents Regarding War Crimes:
Lag (1998:1705) om inspektioner enligt konventionen om förbud mot användning, lagring, produktion och överföring av antipersonella minor (truppminor) samt om deras förstöring. Svensk författningssamling 1998:1705
(Law concerning inspections related to the Convention on Anti-personnel Mines, 17 December 1998).
Swedish Parliament. [SWE]. [Last accessed 05Feb18]. [External Link]
Förordning (1996:1475) om skyldighet att lämna upplysningar m.m. rörande krigsfångar och andra skyddade personer. Svensk författningssamling 1996:1475
(Ordinance relating to the obligation to provide information concerning prisoners of war and other protected persons, 17 December 1996).
Swedish Parliament. [SWE]. [Last accessed 05Feb18]. [External Link]
Förordning (1994:536) om folkrättslig granskning av vapenprojekt . Svensk författningssamling 1994:536
(Ordinance concerning the monitoring of anti-personnel arms projects in accordance with the requirements of international humanitarian law, 1 July 1994).
Swedish Parliament. [SWE]. [Last accessed 05Feb18]. [External Link]
Lag (1943:881) om polisens ställning under krig. Svensk författningssamling 1943:881
(Act concerning the status of police officers in war time, 17 December 1943).
Swedish Parliament. [SWE]. [Last accessed 05Feb18]. [External Link]
Summary of the Report of the Inquiry on Sweden’s Engagement in Afghanistan 2002-2014.
Ministry for Foreign Affairs and Ministry of Defence, Government Offices of Sweden. [ENG]. [Last accessed 01Feb18]. [External Link to pdf document]
The Government’s Humanitarian Aid Policy. (Government Communication 2004/05:52, 16 December 2004)
Government Offices of Sweden. [ENG]. [Last accessed 01Feb18]. [External Link to pdf document]
Syrian War Cases Before Swedish and German Courts.
Human Rights Watch Report. [ENG]. [Last accessed 05Feb18]. [External Link]
Council of Europe:
Ahorugeze v. Sweden. No. 37075/09, 27 October 2011
European Court of Human Rights. [ENG]. [Last accessed 05Feb18]. [External Link]
[Alleged risk of ill-treatment if Hutu suspected of genocide and crimes against humanity was sent to stand trial in Rwanda. ECHR: Extradition would not constitute a violation]
Case Law by the European Court of Human Rights of Relevance for the Application of the European Conventions on International Co-Operation in Criminal Matters.
European Committee on Crime Problems and Committee of Experts on the Operation of European Conventions on Co-Operation in Criminal Matters, Council of Europe, Strasbourg, 30 January 2017. [ENG]. [Last accessed 05Feb18]. [External Link to pdf document]