القاعدة ذات الصلة
Switzerland
Practice Relating to Rule 146. Reprisals against Protected Persons
Section A. Captured combatants and prisoners of war
Switzerland’s Basic Military Manual (1987), in the chapter dealing with the “Fundamental protection of prisoners of war”, contains a provision entitled “Prohibition of reprisals” which refers to Article 13, third paragraph, of the 1949 Geneva Convention III and states: “Measures of reprisal are prohibited with regard to prisoners of war.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 98.
In the provision dealing with reprisals, referring, inter alia, to Article 13 of the 1949 Geneva Convention III, the manual further states: “By virtue of the Geneva Conventions and their Additional Protocols, [reprisals] are prohibited with regard to … prisoners of war”.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 197(2).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “Prisoners must be humanely treated at any time and in any place. Any act of torture, physical or mental ill-treatment, degrading treatment or discrimination as well as measures of reprisal are prohibited.”
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 187.
(emphasis in original)Switzerland’s ABC of International Humanitarian Law (2009) states: “International humanitarian law does not include any general prohibition of reprisals. There are however numerous provisions that prohibit specific types of reprisal, in particular reprisals against Protected persons such as … Prisoners of war.”
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 37.
