Swedish Case Law on the Contextual Elements Relating to War Crimes

29 Pages Posted: 8 Oct 2020

See all articles by Mark Klamberg

Mark Klamberg

Stockholm University - Faculty of Law

Anna Andersson

University of Oslo - Norwegian Centre for Human Rights; Departement for Social Work, Linneaus University; School of Law, Psychology and Social Work, Örebro University

Date Written: October 5, 2020

Abstract

A war crime may be defined as a serious violation of a rule of international humanitarian law (IHL) which brings about individual criminal liability. To establish whether an act constitutes a war crime it is thus necessary to establish that IHL applied to and regulated the act. Hence, it must also be established that an international or non-international armed conflict existed at the time and place where the act occurred, and that the act had sufficient nexus to the armed conflict. The present article focuses on the classification of conflict and the nexus between the act and the conflict in Swedish legislation and case law in the light of international law.

This article is part of a volume on investigation and prosecution in Scandinavia of international crimes.

Keywords: War crimes, Sweden, armed conflict, contextual element, nexus

Suggested Citation

Klamberg, Mark and Andersson, Anna, Swedish Case Law on the Contextual Elements Relating to War Crimes (October 5, 2020). Faculty of Law, Stockholm University Research Paper No. 84, Scandinavian Studies in Law Vol. 66, Available at SSRN: https://ssrn.com/abstract=3705495

Mark Klamberg (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden
+46 8 16 11 90 (Phone)
+46 8 612 41 09 (Fax)

Anna Andersson

University of Oslo - Norwegian Centre for Human Rights ( email )

Oslo, 0130
Norway

HOME PAGE: http://www.jus.uio.no/smr/english/people/aca/annaian/index.html

Departement for Social Work, Linneaus University ( email )

Nygatan 18B
Kalmar, 392 34
Sweden

School of Law, Psychology and Social Work, Örebro University

Fakultetsgatan 1
SE-701 82
Örebro, 70210
Sweden

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