القاعدة ذات الصلة
Switzerland
Practice Relating to Rule 67. Inviolability of Parlementaires
Switzerland’s Military Manual (1984) provides: “The parlementaire (negotiator) and his escort with the white flag shall not be attacked.” 
Switzerland, Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 18.
Switzerland’s Basic Military Manual (1987) stipulates that the parlementaire “has the right to inviolability, as well as the persons accompanying him (interpreter, driver, pilot)”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 13.
The manual further states that “mistreating, insulting or retaining unlawfully an enemy parlementaire” is a war crime. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 200(2)(h).
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states:
Correct behaviour
- The White Flag clearly indicates willingness to negotiate, sometimes even willingness to surrender;
- Respect bearers of the White Flag. They are not allowed to be attacked.
Prohibited is/are:
- Attacks against bearers of the White Flag[.] 
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organisation of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
186 The white flag indicates that the enemy wants to negotiate. It can also indicate that the enemy wishes to surrender. Persons, buildings and vehicles marked with the white flag must not be attacked.
17 Sanctions for violations of the international law of armed conflict
237 The following in particular are criminal offences: … offences against parlementaires[.] 
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, §§ 186 and 237.
The Regulation also states that, in application of the principle of distinction, a “parlementaire [who] approaches with a white flag” must not be shot at, explaining: “Protected person, until he has returned to his own troops, except if he commits a harmful act”. 
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, § 172.
Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who mistreats, insults or unduly detains a parlementaire or a person accompanying him” in time of armed conflict. 
Switzerland, Military Criminal Code, 1927, as amended, Article 114.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states: “Any person who has mistreated, injured or unduly detained an enemy parlementaire or a person accompanying a parlementaire, is to be punished with three years’ or more imprisonment or a monetary penalty.” 
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 114.
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 113
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
b. mistreats, insults or retains without reason an enemy parlementaire or a person who accompanies him. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 113(b).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 264i
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
b. mistreats, insults or retains without reason an enemy parlementaire or a person who accompanies him. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264i (b).