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Switzerland
 
National | Legislation
 

Constitution

Federal Constitution of the Swiss Confederation of 18 April 1999 (Status as of 30 November 2008).

State of emergency

See Article 185 of the Federal Constitution.

Criminal law

Criminal Code of 21 December 1937 (in French).

Federal Act of 15 June 1934 on Criminal Procedure (in French).

Federal Act of 20 June 2003 on the Annulment of the Convictions of Persons who assisted Refugees at the time of the Nazi régime.

For more information on criminal law, see Classified Compilation of Federal Legislation, section 31 (in French, German, Italian).

International Criminal Court 

Federal Act of 22 June 2001 on cooperation with the International Criminal Court (in French).

2008 Draft law for the implementation of the Rome Statute (in French). For more information see the website of the Department of Justice.

On the draft law, see also: TRIAL, "Implementation of the Rome Statute into Swiss law: TRIAL invited to a hearing by the Council of States' Legal Affairs Committee", 13 August 2009.

War crimes, crimes against humanity, genocide 

Federal Act (Arrêté fédéral) of 21 December 1995 on the cooperation with international tribunal in charge of prosecuting graves breaches of international humanitarian law (in French).

Ordonnance of 12 February 2003 extending the field of application of the Federal Act  of 1995 to the Special Tribunal for Sierra Leone (in French).

See also the Classified Compilation of Federal Law, section 513.5 on the services of the Red Cross and section 232.22 on the protection of the Red Cross Emblem.

Torture

Although torture is prohibited by Article 10 al. 3 of the Federal Constitution, criminal law does not contain a specific provision on torture that covers all the constituent elements of Article 1 of the UN Convention against Torture, to which Switzerland is a party.

Information regarding the implementation of the UN Convention against Torture and its Optional Protocol is available on the website of the Department of Justice (in French, German, Italian).

On 21 October 2009, the Federal Council announces the creation of an independent commission for the prevention of folter in implementation of the optional protocol to the CAT, which enters into force for Switzerland on 24 October 2009.

Counter-terrorism

Federal Act on the Implementation of International Sanctions (Embargo Act, EmbA) of 22 March 2002 (Status as of 27 July 2004).

For more information (in French, German or Italian), see Classified Comilation of Federal Legislation, section 946.23 on international sanctions.

See also: The profile on Switzerland's counter-terrorism capacity by the Council  of Europe's Committee of Experts (in pdf below).

See also: Switzerland’s position on the implementation of the UN global counter-terrorism strategy (in pdf below).

Other human rights law

Loi sur l’usage de la contrainte et de mesures policières dans les domaines relevant de la compétence de la Confédération (Loi sur l’usage de la contrainte, LUsC) of 20 March 2008 (in French).

Military law

Military Criminal Code of 13 June 1927 (in French).

Military Code of Criminal Procedure of 23 March 1979 (in French).

A recent attempt to completely revise Swiss military law (“Revision 09 der Militärgesetzgebung”) fell short of expectations, but a law on military information systems was adopted on 3 October 2008. More information (in French, German, Italian) is available on the Parliament's website.

For more information on military law, see "Principles of Military Criminal Law" on the website of the Federal Deparment of Defence, as well as Classified Compilation of Federal Legislation, sections 51 on military defence and 32 on military criminal law (in French, German, Italian).

On operational law, see for instance: Zen-Ruffinen, “Le droit des opérations dans l'armée suisse” in Revue Militaire Suisse, October 2004 (in French only).

On rules of engagement, see: Zen-Ruffinen, “Les règles d'engagement (ROE)” in Revue Militaire Suisse, April 2006 (in French only).

Weapons

On 27 November 2009, the Federal Council decided to revise the Ordinance on the personal equipment of members of the Armed Forces (SR 514.10, not available in English) and the Ordinance on off-duty use of the military gun (SR 512.31, not available in English). After these revisions will have entered into force in January 2010,  members of the armed forces will be able to deposit their army gun at a logistics centre and will no longer be required to store it at home. A certificate will newly be required in order to retain the gun after completion of military service (as for civilians possessing guns), and the authorities, medical doctors and psychologists will newly be under an obligation to notify the authorities if they suspect a member of the armed forces could endanger himself/herself or others with his/her army weapon.

Unofficial English translations of the Federal Act of 13 December 1996 on War Material (War Material Act, WMA) and the Ordinance of 25 February 1998 on War Material (War Material Ordinance, WMO) are available on the website of the State Secretariat for Economic Affairs (SECO).

English translations (out of date!) of the 1996 Federal Act on the Control of Dual-Use Goods and of Specific Military Goods and the 1997 Ordinance on the Control of Dual-Use Goods and Specific Military Goods are also available on SECO's website.

For more information in French, German or Italian, see Classified Compilation of Federal Legislation, sections 514.5 on war material, weapons and munitions, and 515 on certain prohibited weapons, as well as section 946.2 on import and export.

See also, the Federal Humanitarian Demining Strategy 2008-2011 in pdf below, (in German only).

Refugee law

Asylum Act of 26 June 1998

Federal Act of 20 June 2003 on the Annulment of the Convictions of Persons who assisted Refugees at the time of the Nazi Regime

For more information in French, German or Italian, see Classified Compilation of Federal Legislation, section 142.3 on refugees.

See also the website of the Federal Department of Justice and Police.

Last updated: 27 November 2009.  

   
Swiss position on the implementation of the UN global counter-terrorism strategy, September 2008
Council of Europe, Committee of Experts on Terrorism, Profile of Switzerland, June 2006
Federal humanitarian demining strategy, 2008-2011
Switzerland links
   
   
Thursday, 09 September 2010
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