Practice Relating to Rule 158. Prosecution of War Crimes
Sweden’s IHL Manual (1991) provides:
It is incumbent upon parties to the Conventions to enact legislation necessary to apply effective sanctions to persons committing, or ordering to be committed, breaches of the Conventions. Each State is obliged to search for persons accused of committing or ordering a grave breach and shall bring them, regardless of their nationality, before its own courts. A permitted alternative is to hand over the wanted person to another contracting party, provided that this state has an interest in punishing the breach and has made out a prima facie case.
For breaches not considered as grave, the contracting parties’ obligations are limited to taking any steps needed to ensure that the transgressions cease.
Sweden’s Penal Code (1962), as amended in 1998, provides for the punishment of “a person guilty of a serious violation of a treaty or agreement with a foreign power or an infraction of a generally recognised principle or tenet relating to international humanitarian law concerning armed conflicts”.