Sweden
1. Constitutional structure and position of IHL in domestic law
Sweden is a parliamentary monarchy. Under Chapter 10, Article 1 of the Instrument of Government, which together with the other four Fundamental Laws forms the Swedish Constitution, the Government concludes treaties or agreements with other States or international organizations. If the treaty or agreement in question entails any changes in Swedish law or if it in any other way concerns issues coming under the jurisdiction of the Parliament (Riksdagen), the treaty will only have effect in national law when it has been ratified by the Parliament. Since Sweden has the system of dualism with regard to the relationship between international law and national law, the treaty will be either incorporated or transformed into Swedish law. The system of dualism is further reflected in Chapter 8, where it is stated that regulations concerning the position of individuals, either between themselves or vis-à-vis the public community, must, with a few exceptions, always stem from domestic law.
The 1949 Geneva Conventions were ratified on 28 December 1953 and published in SÖ 1953:14-17 (Sveriges överenskommelser med främmande makter - Sweden's Agreements with Foreign Powers). Additional Protocols I and II were ratified on 31 August 1979 and published in SÖ 1979:22 and 23. On the same day, Sweden accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.
2. Implementing institutions
The Swedish Total Defence Council for International Humanitarian Law is a special council set up within the Ministry of Defence. Its task is to monitor the implementation of IHL and handle questions concerning dissemination of IHL within Sweden. The Council is made up of representatives from the Ministry of Defence, the Ministry of Foreign Affairs, the Armed Forces general staff, the National Board of Psychological Defence, the National Defence College, the National Rescue Services Board and the Swedish Red Cross.
The main tasks of the Advisory Group on Public International Law are to supervise IHL developments and to suggest to the Government possible areas for future development. Established under the auspices of the Ministry of Foreign Affairs, the Group is made up of officials from the Ministry of Foreign Affairs, the Ministry of Defence, legal scholars, representatives from the Armed Forces general staff, the National Defence College, the Swedish Agency for Civil Emergency Planning, the Swedish Red Cross and Save the Children - Sweden.
The Delegation for International Humanitarian Law Monitoring of Arms Projects Intended for the Swedish Military Defence monitors planned new purchases or modifications of anti-personnel military weapons and applications of means of warfare to assess their compliance with IHL norms. Should the Delegation find that it cannot approve a weapon from this perspective, it may request a modification in its design, suggest an alternative or restrict the operational use of the weapon. The Delegation is made up of officials from various ministries and authorities, experts on IHL and weapons technology, and members of the armed forces.
3. Legal Advisers to the Armed Forces
Sweden has 80 legal advisers serving or placed to serve with the Armed Forces. They all have degrees in law and must be at least judges or the equivalent. Thirty of them have received extended training in IHL for service at Divisional HQs or in higher command.
4. Bibliography
- Nationale Strafverfolgung völkerrechtlicher Verbrechen (National Prosecution of International Crimes), 2: Finnland / Polen / Schweden, A. Eser & H. Kreicker, Beiträge und Materialien aus dem Max-Planck-Institut für ausländisches und internationales Strafrecht Freiburg, iuscrim, Freiburg in Breisgau, 2003.
