The Rwandan national M. was arrested on Swiss territory on 11 February 1995 and accused of having committed violations of the laws of war in Rwanda (Article 109 of the Military Criminal Code).On 12 March 1996, the ICTR asked the Swiss military tribunal to relinquish jurisdiction in favour of the ICTR. The Military Appeals Tribunal took its decision on 13 May 1996 (see pdf below, in French, with German and Italian summary).
In case no. 126 II 145 of 21 January 2000 (in French, German, Italian) the Federal Supreme Court rejected the claim against Switzerland of a Jewish refugee who had been denied entry into Switzerland and handed over to the German authorities during World War II. Question whether this constituted participation in an ongoing genocide.
Federal Supreme Court case BGE 133 IV 58 of 23 January 2007 (in French, German, Italian): Appeal against extradition of a Kurd residing in Switzerland, accused by Turkey of supporting a terrorist organisation. Prosecution of terrorism, fear of political persecution.
Federal Supreme Court case BGE 133 IV 76 of 23 Januar 2007 (in French, German, Italian): Extradition request by Turkey of an alleged leader of PKK. Prosecution of terrorism, political persecution, conditions of civil war, diplomatic guarantees.
Federal Supreme Court case BGE 133 II 450 of 14 November 2007 (in French, German, Italian): Measures against persons and organisations in connection with Usama bin Laden, Al-Qaïda and the Taleban. Implementation of UN Security Council sanctions, conformity with ius cogens, request for de-listing.
Claims Resolution Tribunal (“CRT-I”) to adjudicate claims to accounts opened in Swiss banks by non-Swiss nationals or residents that have been dormant since 9 May 1945
Claims Resolution Process (“CRT-II”) established to adjudicate claims to accounts published on 5 February 2001 in connection with the Holocaust Victims Assets Litigation in New York (accounts held in Swiss banks during the 1933 - 1945 period by account owners who were probably or possibly related to victims of Nazi persecution)
The Military Attorney General is the highest judge in the armed forces and is directly subordinate to the head of the Department of Defence. He is responsible for the proper execution of military justice. The Military Attorney General orders military criminal proceedings and oversees their proper conduct. This also includes the prosecution of suspected international war criminals on the basis of the Geneva Conventions.
Source: DDPS, Security in Motion, An introduction to the Federal department of Defence, Civil Protection and Sports, 2004/1st edition (56 p.)
More information on military justice is available on the website of the Department of Defence (in French, German and Italian).
Federal Supreme Court case BGE 122 IV 103 of 1 February 1996 (in French, German, Italian): export of materials to Iraq in contravention of the Act on War Material.
Parliamentary information on the “Tinner affair” including links to relevant judicial decisions: nuclear non-proliferation, destruction of documents by the Government, role of the Federal Criminal Court.
Federal Supreme Court case BGE 135 II 110 of 16 February 2009 (in French, German, Italian): Cambodian refugee, residing in Switzerland, convicted for serious crimes appeals against revocation of residence permit and expulsion.
Cases of the Federal Administrative Tribunal on the question of non-refoulement (in French, German, Italian).
Last updated: 11 October 2009.
