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

International Criminal Law in Swedish Courts: The Principle of Legality in the Arklöv Case International Criminal Law Review 9 (2009) 395–409 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/157181209X418571 brill.nl/icla International Criminal Law Review International Criminal Law in Swedish Courts: Th e Principle of Legality in the Arklöv Case Mark Klamberg PhD Student, Department of Law, Stockholm University, Sweden Abstract On 18 December 2006, the Stockholm district court convicted Jackie Arklöv for a crime against international law. It was the fi rst, and until the present date, the only time, liability for a crime against international law has been tried before a Swedish court. Th is 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 confi nement 1. Introduction Legal proceedings concerning international crimes may take place before an international court or tribunal, a domestic court or a hybrid of these. Th e idea behind the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) was not http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

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

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Publisher
Martinus Nijhoff
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/157181209X418571
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 9 (2009) 395–409 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/157181209X418571 brill.nl/icla International Criminal Law Review International Criminal Law in Swedish Courts: Th e Principle of Legality in the Arklöv Case Mark Klamberg PhD Student, Department of Law, Stockholm University, Sweden Abstract On 18 December 2006, the Stockholm district court convicted Jackie Arklöv for a crime against international law. It was the fi rst, and until the present date, the only time, liability for a crime against international law has been tried before a Swedish court. Th is 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 confi nement 1. Introduction Legal proceedings concerning international crimes may take place before an international court or tribunal, a domestic court or a hybrid of these. Th e idea behind the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) was not

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2009

Keywords: WAR CRIME; UNLAWFUL CONFINEMENT; CRIME AGAINST INTERNATIONAL LAW; JACKIE ARKLOV; PRINCIPLE OF LEGALITY

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