Swedish court may try international law violations in Sudan

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Published 10 November 2022 at 11.25

Domestic. The Supreme Court has ruled that a Swedish court is competent to hear the indictment that has been brought against a Swiss former representative of Lundin Oil for aiding and abetting violations of international law in Sudan.

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In November 2021, the prosecutor brought charges against two people for aiding and abetting crimes against international law that they, in their capacity as representatives of companies within the Swedish oil company group Lundin Oil, allegedly committed in Sudan during the years 1999–2003.

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One, former Lundin CEO Alex Schneiter, is a Swiss citizen and resident in Switzerland. He was in Switzerland when the indictment was brought.

The Supreme Court has now examined whether a Swedish court is competent to hear the indictment against the Swiss citizen. The court states that according to Swedish law, the crime is covered by so-called universal jurisdiction. This means that, as a starting point, a Swedish court is competent to hear the case regardless of who committed the crime, who the crime was directed at and where the crime was committed.

According to the Supreme Court, even in the exercise of universal jurisdiction, some form of connection to Sweden is required for a prosecution to be tried here. Another condition is that there is no obstacle to it in general international law.

The Supreme Court has concluded that the connection to Sweden is sufficient for the prosecution to be tried in a Swedish court and that there is no obstacle to it in general international law.

– The fact that the accused is not in Sweden does not constitute an obstacle to Swedish court, provided that the connection to Sweden in other respects is sufficient, says Justice Johan Danelius, a of the judges who participated in the decision.

The Supreme Court's decision means that the prosecution is not dismissed. It has therefore not been relevant for the court to take a position on the request for legal costs made by the Swiss citizen in the case.

Proceedings of the criminal case now continue at the Stockholm district court.