Svea hovrätt
 

Conviction also in the Court of Appeal in a case concerning grave war crime and terrorist offence

Mål: B 12056-25
Today, the Svea Court of Appeal has affirmed the judgment of the Stockholm District Court and convicts a 33-year-old Swedish citizen of grave war crime and terrorist offence and sentence him to life imprisonment.

The charges concern allegations related to a filmed execution of a Jordanian pilot, which took place after he was captured in Syria on December 24th, 2014, while on a mission for the global coalition against the Islamic State (IS). On February 3rd, 2015, IS released a video showing the pilot being executed by being set on fire while confined to a metal cage.

The Court of Appeal agrees with the district court that it is proven that the pilot was captured after his plane crashed in Syria on December 24th, 2014, that the execution video was published on February 3rd, 2015, and that he was executed in Raqqa at some point during that time. It is also proven that a non-international conflict (NIAC) was ongoing in Syria at the time and that the defendant travelled from Sweden to Syria in August 2014 to join IS. It is further established that the pilot was a protected person under the Geneva Conventions and general international law as placed hors de combat by detention.

The execution video itself shows the pilot being killed by being set on fire while confined to a metal case. The video also shows that he was filmed in various contexts, before and during the execution. Due to the fact that the pilot was on assignment for the global coalition against IS when he was captured and considering the narrative that IS constructs in the video, it is clear that there was a nexus between the act and the NIAC. It is also proven that the act as such could have seriously damaged the state of Jordan and other states mentioned in the film, which were part of the global coalition against IS.

- The Court of Appeal agrees with the district court´s assessments that the defendant should be considered as a perpetrator and also that he acted intentionally. He is therefore convicted of grave war crime and terrorist crime, says Ingela Perklev, Court of Appeal Judge.

The Court of Appeal has affirmed the district court´s judgment also regarding sentencing and damages. Consequently, the defendant has been sentenced to life imprisonment and relatives to the deceased have been awarded damages for pain and suffering.