The Mens Rea Element of Intent in the Context of International Criminal Trials in Sweden

A basic prerequisite for a conviction in all criminal justice systems is that the defendant acted with the requisitemens rea for the offence; usually a form of intent, recklessness, or negligence. This article discusses the way intent has been, and should be, dealt with by Swedish courts when it comes to international crimes. The main purpose of this article is to clarify whether Swedish courts should apply intent according to international criminal law1 or according to Swedish criminal law when adjudicating cases concerning these crimes. This discussion is important since international criminal law requires a higher form of intent than Swedish criminal law. The application by Swedish courts of intent as articulated in international criminal law would therefore have consequences for the prosecution of international crimes and would lead to fragmentation of the Swedish legal system.