Sweden: 10 cases

Overview

Sweden has been the first country to prosecute alleged terrorists for core international crimes and terrorist offences with respective indictments being filed against two individuals in December 2015. This case subsequently led to the final conviction of two individuals for murder with terrorist intent in March 2016. These cases are usually not prosecuted cumulatively. Instead, charges are filed in the alternative, at times also including domestic criminal charges. 
 

Sweden has domestically criminalised war crimes, crimes against humanity, and genocide in form of the Act on Criminal Responsibility for Genocide, Crimes against Humanity and War Crimes in 2014 which replaced the previous provisions on violation of international humanitarian law in Chapter 22 of the Criminal Code. Following amendments in January 2022, the 2014 act has been renamed to Act on Criminal Responsibility for Certain International Crimes. Additionally, pursuant to Chapter 4 Sect. 1 of the Criminal Code, Sweden considers human trafficking an offence against liberty and peace. Subsequently, a woman affiliated with ISIS has been found guilty of human trafficking as an offence against liberty and peace in May 2023. Sweden criminalised membership in a terrorist organisation only in June 2023. Given that this law cannot be applied retroactively, cases involving alleged terrorist affiliates in the context of the conflicts in Iraq and Syria will not fall under this provision. Instead, terrorism charges in proceedings against alleged terrorists which also involved core international crimes charges, among others included murder with terrorist intent or other offences under the Terrorist Offences Act. Swedish authorities can also prosecute foreigners for both terrorism offences and core international crimes as it has incorporated universal jurisdiction (Chapter 3 Sect. 6 SCC) for conduct under the Act on Criminal Responsibility for Certain International Crimes and extended active personality (Chapter 2 Sect. 2 SCC). The latter enables Swedish authorities to prosecute foreigners residing in Sweden for terrorism offences committed abroad against foreigners. Investigations are initiated once there is cause to believe an offence has been committed, as per Chapter 23 Section 1 of the Swedish Code of Judicial Procedure (SCJP). To that end, according to Chapter 20 Section 5 SCJP anybody, including victims, injured parties, and NGOs, can file a complaint with the public prosecution office, the police, or a local court. Cases concerning core international crimes are prosecuted by and tried on first instance at District Court Level. Appeals can be filed to one of the Courts of Appeals, with further appeals relating to procedural issues being possible to the Supreme Court as last instance.
 

 
 

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Last update: 26 July 2024