Practice Relating to Rule 157. Jurisdiction over War Crimes
Sweden’s IHL Manual (1991) states:
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
Sweden’s Penal Code (1962), as amended in 1998, provides:
Crimes committed outside the Realm shall be adjudged according to Swedish law and by a Swedish court where the crime has been committed:
1. by a Swedish citizen or an alien domiciled in Sweden,
2. by an alien not domiciled in Sweden who, after having committed the crime, has become a Swedish citizen or has acquired domicile in the Realm or who is a Danish, Finnish, Icelandic, or Norwegian citizen and is present in the Realm, or
3. by any other alien, who is present in the Realm, and the crime under Swedish Law can result in imprisonment for more than six months.
The Code further provides:
Even in cases other than those listed in Section 2, crimes committed outside the Realm shall be adjudged according to Swedish Law and by a Swedish court: … if the crime is … a crime against international law, unlawful dealings with chemical weapons, unlawful dealings with mines or false or careless statement before an international court.
Moreover, the Code provides:
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 shall be sentenced for a crime against international law to imprisonment.