International Criminal Law in Swedish Courts: The Principle of Legality in the Arklöv Case

Abstract

On 18 December 2006, the Stockholm district court convicted Jackie Arklöv for a crime against international law. It was the first, and until the present date, the only time, liability for a crime against international law has been tried before a Swedish court. This article presents the law applied by the Court, draws attention to the principles of legality, ne bis in idem, and discusses whether a national court in a dualistic legal system can impose criminal responsibility with reference to customary international law.

Keywords: principle of legality, Jackie Arklöv, crime against international law, war crime, unlawful confinement