Implementation of International Criminal Law in Swedish Legislation - is Sweden able to prosecute Swedish soldiers stationed abroad for the most serious crimes?

Abstract: The thesis aims to investigate whether Sweden is able to prosecute Swedish soldiers stationed abroad for genocide, crimes against humanity and war crimes. Sweden is currently reforming its armed forces and will continue sending more soldiers to armed conflicts abroad. Sweden is also a state party to the ICC and therefore has an obligation to be the primary actor in prosecution of such crimes with a Swedish connection, and to have an adequate legislation to do so. As Sweden is a dualist country, it needs to implement the international norms into Swedish legislation before Swedish courts can judge according to them. Swedish law provide far-reaching jurisdiction for Swedish soldiers stationed abroad, which does enable Swedish courts to address all alleged crimes committed by such persons. However, there are substantial flaws in Swedish legislation on genocide, crimes against humanity and war crimes. Genocide has a different definition in Swedish law than in the ICC. Swedish legislation only covers one of five types of conduct listed as genocide by the ICC. It also fails to recognise rape, assault, gross assault, forces sterilisation and forced abortions as conduct that could constitute genocide. There is no specific prohibition of crimes against humanity in Swedish law. All aspects of war crimes are criminalised in very wide, far-reaching provision, which are questionable in terms of the principle of legality. The three crimes have been implemented in very varied ways, which result in inconsistencies in modes of liability and punishment. A new act on international crimes was proposed in 2002, which would have elevated Swedish legislation on the three crimes up to the standard of the ICC. As of now, it cannot be said that Sweden is able to prosecute members of their armed forces, or anyone else, for genocide, crimes against humanity or war crimes to the standards set by international criminal law, or the ICC.