Abstract
ABSTRACT Accountability for serious human rights violations and atrocity crimes has established itself at the top of the international community’s legal agenda, not least to serve justice to the victims of the crimes. Efforts to refer the atrocities in Syria to the permanent International Criminal Court have been in vain, highlighting the need for third states exercising extra-territorial jurisdiction. Sweden has answered the call to investigate the crimes, and the strong position afforded to victims of crime in the Swedish criminal justice system suggests that it is well-suited to provide them the justice they are entitled to. This article draws on the experiences gained in the seven trials to date in which victims have participated, to assess the extent to which international legal obligations towards the victims are implemented and were accessible to the victims. Through analysis of legal documents and interviews, the author demonstrates that, while the Swedish system has been fulfilling a wide range of international legal obligations towards victims of crime, the remoteness in time and place, the large number of victims involved and other specifics of the investigations and trials, challenge several central aspects of the Swedish system, such as the right to information, support and reparation.
Highlights
Grave crimes against civilian populations continue to occur in many parts of the world, not least in the last decade in states such as Syria and Yemen
Sweden has answered the call to investigate the crimes, and the strong position afforded to victims of crime in the Swedish criminal justice system suggests that it is wellsuited to provide them the justice they are entitled to
This article draws on the experiences gained in the seven trials to date in which victims have participated, to assess the extent to which international legal obligations towards the victims are implemented and were accessible to the victims
Summary
Grave crimes against civilian populations continue to occur in many parts of the world, not least in the last decade in states such as Syria and Yemen. Acknowledging the importance of studying implementation in practice in order to gain a full picture of the realisation of victims’ rights,[14] this article addresses the application of legislation in the Swedish investigations and trials; other political or semi-legislative measures taken by the government; and the institutional set-up for victims of international crimes in Sweden. This article contributes with new knowledge about how a ‘victim-friendly’ state, exercising extraterritorial legislative and adjudicative jurisdiction, faces challenges involved in the practical implementation of international legal obligations and political expectations concerning victims of international crimes.
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