National Implementation of IHL
Federal law on private security services provided abroad, 2013
Loi fédérale sur les prestations de sécurité privées fournies à l'étranger (LPSP) du 27 septembre 2013

Feuille fédérale, No 39, 8 octobre 2013, p. 6577-6592; (last accessed on 07.08.2014)

On 27 September 2013, the Swiss Federal Assembly adopted a law to regulate private security companies and to require them to respect human rights and IHL. Companies targeted are those based in Switzerland providing security services abroad; those providing services in Switzerland to private security companies working abroad; and those companies managed from Switzerland providing security services abroad. This law also applies to any individual working for these societies -in Switzerland or abroad- and to Swiss federal authorities employing them.
Under Article 4 of the law, private security services include activities relating to protection of persons in complex environments; riot control; management of detainee camps or prisons; operational and/or logistical support to armed forces; the use and maintenance of weapons systems; training of armed forces or security personnel; and deployment of intelligence and counterintelligence.
According to Article 7, all private security companies which fall within the scope of the law have to respect the 2010 International Code of Conduct for Private Security Providers. Moreover Articles 8 and 9 provide for specific prohibitions relating to the provision of security services. In particular, Article 8 prohibits the provision of these services for the purpose of direct participation in hostilities abroad. Article 9 of the Law prohibits providing security services when it is likely that they would contribute to the commission of serious violations of human rights.
The Law creates an authority to register new companies and to control existing ones in order to assess whether or not they are acting or willing to act in compliance with its rules.

Related laws and/or case law: Penal code, 1937 (as of 2013); Federal Act on International Mutual Assistance in Criminal Matters, 1981

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