القاعدة ذات الصلة
Switzerland
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section B. Extradition
Switzerland’s Federal Act on International Mutual Assistance (1981), as amended to 2010, states in its general provisions:
Unless other federal acts or international agreements provide otherwise, this Act shall govern all procedures of international cooperation in criminal matters, and in particular:
a. the extradition of persons who are the subject of criminal prosecution or have been convicted. 
Switzerland, Federal Act on International Mutual Assistance, 1981, as amended to 2010, Article 1(1)(a).
In the section on extradition, the Act further states:
Foreign nationals may be surrendered to another State for prosecution or enforcement of a sentence involving deprivation of liberty for acts which come under its criminal jurisdiction if that State requests extradition or if it accepts the Swiss request to prosecute the offence or enforce the judgment. 
Switzerland, Federal Act on International Mutual Assistance, 1981, as amended to 2010, Article 32.
The Act also states:
1. Extradition is permitted if, according to the documents supporting the request, the offence:
a. is punishable by deprivation of liberty for a maximum period of at least one year or a more severe sentence both under the law of Switzerland and under the law of the requesting State and
b. is not subject to Swiss jurisdiction.
2. In determining whether an act is an offence under Swiss law, the following are not considered:
a. its specific degrees of guilt and conditions for criminal liability;
b. the conditions relating to the personal and time-related application of the Swiss Criminal Code and the Swiss Military Criminal Code of 13 June 1927 with regard to the criminal provisions on genocide, crimes against humanity and war crimes. 
Switzerland, Federal Act on International Mutual Assistance, 1981, as amended to 2010, Article 35(1) and (2).
[footnotes in original omitted]
The Act further states:
2. Extradition shall be denied if the request is based on a verdict issued in the absence of the defendant and if the minimum rights of the defence to which a defendant is recognised to be entitled were not respected in the proceedings preceding the verdict; this rule does not apply if the requesting State gives sufficient assurances to guarantee the defendant the right to new court proceedings where the rights of the defence are respected.
3. Extradition shall also be denied if the requesting State fails to guarantee that the defendant will not be sentenced to death, that an already pronounced death penalty will not be carried out, or that he will not be subjected to treatment that will impair his physical integrity. 
Switzerland, Federal Act on International Mutual Assistance, 1981, as amended to 2010, Article 37(2) and (3).
[footnotes in original omitted]
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, which also contains a chapter on war crimes, states in the part on general provisions:
Art. 10
1 If the personal conditions are fulfilled, the present code is applicable both to offences committed in Switzerland and to those committed abroad.
1bis The present code applies to persons mentioned in art. 5 [paragraph 1], number 1, letter d and number 5, who have committed abroad one of the acts under … chapter 6bis [war crimes] of Part 2 or art. 114a [punishability of superiors] if they are present in Switzerland, unless they are extradited or transferred to an international criminal court whose jurisdiction is recognized by Switzerland.
1ter Where the victim of the act carried out abroad is not Swiss and the perpetrator is not Swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with in the following cases:
a. a foreign authority or an international criminal court whose jurisdiction is recognized by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court;
b. the suspected perpetrator is no longer in Switzerland and is not expected to return there;
c. the necessary evidence cannot be obtained.
1quater The present code applies to persons who have committed abroad, against a Swiss military person, one of the acts under … chapter 6bis [war crimes] of Part 2 or art. 114a [punishability of superiors], if they are present in Switzerland or have been extradited there because of this act, unless they are extradited or transferred to an international criminal court whose jurisdiction is recognized by Switzerland. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Article 10(1)–(1quater). The German language version of Article 10(1ter)(b) notes: “the suspected perpetrator is no longer in Switzerland and is not expected to return there; or”.
[footnotes in original omitted]
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states in in the common provisions under the titles on genocide and crimes against humanity and on war crimes:
Art. 264m
1 A person who carries out an act under Title 12bis and 12ter [on war crimes] or Art. 264k [on the criminal liability of superiors] while abroad is guilty of an offence if he is in Switzerland and is not extradited to another State or delivered to an international criminal court whose jurisdiction is recognised by Switzerland.
2 Where the victim of the act carried out abroad is not Swiss and the perpetrator is not Swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with in the following cases:
a. a foreign authority or an international criminal court whose jurisdiction is recognised by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court;
b. the suspected perpetrator is no longer in Switzerland and is not expected to return there. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 264m (1)–(2). The German, Italian and Romansh language versions of Article 264m (2)(a) note: “a foreign authority or an international criminal court whose jurisdiction is recognized by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court; or”.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Introduction
Although international humanitarian law is intended mainly for States and parties to a conflict (e.g. armed groups), many of its provisions must also be respected by individuals. States are obliged to respect the norms, to suppress any violations, and either themselves prosecute persons responsible for grave breaches, in particular of war crimes, or extradite such persons. …
Implementation
… Furthermore, governments must take all necessary measures to suppress violations. In the case of grave breaches, the States must themselves prosecute the perpetrators, or hand them over to another contracting party for prosecution. …
War crimes
War crimes are grave breaches of the provisions of the Geneva Conventions of 1949 protecting persons and objects as well as other serious violations of the laws and customs that apply to an international or non-international Armed conflict. … States are under an obligation to prosecute or extradite persons suspected of having committed war crimes on their territory. 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 4, 24 and 40.