Rättsstat i kris : spioneri och sabotage i Sverige under andra världskriget

Sammanfattning: The concrete example in focus in this study is the legally processed cases of espionage and sabotage in Sweden during the Second World War. How did the constitutional state of Sweden defend itself against spies and saboteurs? What were the consequences of these measures for the civil rights and liberties guaranteed under the law? Did the Swedish legal system - the security police, prosecutors, and judiciary - defer unduly to foreign policy considerations in cases of subversive activities? My main interest has been to answer the question of why German agents were not arrested and convicted until after the military turning-point of the war. The primary source material to answer these questions consists of information on persons who were detained and those who were prosecuted for subversive activities, or ”hostile acts against the realm”, during the Second World War. One explanation might be what I have labelled the foreign policy paradox, that is, that the Swedish policy of concessions actually generated subversive activities. Another explanation is that the Swedish legislators made it legally relevant for the security service as well as prosecutors and courts to heed foreign policy considerations. A third explanation can be found in the secret security service that were created. Their terms of reference from the political leadership made it clear that it was wholly inappropriate to intervene against certain subversive activities. In other words, the security force allowed itself to be influenced by the political situation abroad in the same way as the coalition government did. All things considered, obvious foreign policy considerations influenced which agents were brought to trial. The courts’ contribution to this phenomenon was marginal, and took the form of harsher sentences imposed on German agents towards the end of the war. The principal political influence was exerted before the cases of espionage and sabotage even got to the courts. The courts were in essence presented with a fait accompli.