Finland

The chapter analyses the evolution of the Finnish criminalization of the four ‘core’ international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. Special attention is given to the three major reforms of 1974, 1995 and 2008, and the legislative history behind these reforms. Through these reforms, the Finnish core crimes legislation today essentially follows the model set by international law, whereas previously the differences between the international and domestic crime definitions were greater. However, Finland has still opted for certain domestic particularities, such as the distinction between ‘ordinary’ and aggravated crimes against humanity. The chapter also examines the cases where Finland has asserted universal jurisdiction in relation to core international crimes. These cases have concerned crimes committed in Iraq, Liberia and Rwanda. In connection to the case law, attention is drawn to the fact that the interpretation of domestic criminal law is principally guided by the preceding government proposals, and that international sources of law only have played a minor role in the statute interpretation. It can therefore be argued that the way in which Finnish courts have approached criminal law in universal jurisdiction cases has been strongly affected by legal dualism, in which the central idea is that international law has been incorporated into domestic law through implementing legislation and the direct application of international law becomes redundant.