القاعدة ذات الصلة
Switzerland
Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Switzerland’s military manuals provide that women must be particularly respected and protected against rape, enforced prostitution and any other form of indecent assault. 
Switzerland, Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 34; Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 43; Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 146.
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. 112a
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
b. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112a (1)(b).
The Code also states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 [Personal conditions] and 4 [Extension in case of active service], the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
d. genocide [Art. 108] or crime against humanity [Art. 109] (Part 2, chapter 6) …;
5. Foreign military persons who make themselves culpable of genocide [Art. 108] or a crime against humanity [Art. 109] (Part 2, chapter 6)[.]
Chapter 6 – Genocide and crimes against humanity
Art. 108
1 The penalty shall be a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a national, racial, religious, ethnical, social or political group, as such:
c. orders or takes measures intended to prevent births within the group;
Art. 109
1 The penalty shall be a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against the civilian population:
c. disposes over a person by assuming a right of ownership over that person, in particular in the context of trafficking in persons, sexual exploitation or forced labour;
g. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5), 108(1)(c) and 109(1)(c) and (g).
[footnotes in original omitted]
Switzerland’s Penal Code (1937), as amended in 2009, states
Any person who, with the intent to destroy, in whole or in part, a national, racial, religious or ethnic group, [commits any of the following acts,] is to be punished with life imprisonment, 10 years’ imprisonment or less:
c. imposing measures to prevent births within the group. 
Switzerland, Penal Code, 1937, as amended in 2009, Article 264(1)(c).
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. 264e
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
b. rapes a person of the female sex protected by international humanitarian law, confines her after she has been made pregnant against her will with the intent of affecting the ethnic composition of a population, forces a person protected by international humanitarian law to undergo a sexual act of comparable gravity, forces such a person to engage in prostitution or forcibly sterilizes such a person. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264e (1)(b).
Switzerland’s Protection of Civilians in Armed Conflict Strategy (2009) states: “The rights and specific needs for the protection of women and girls are not sufficiently recognised; women and girls are the main victims of acts of sexual violence committed in many wars and conflicts.” 
Switzerland, Federal Department of Foreign Affairs, Protection of Civilians in Armed Conflict Strategy, 2009, pp. 3–4.
(emphasis in original)
Switzerland’s ABC of International Humanitarian Law (2009) states with regard to women: “International humanitarian law calls for the special protection of women. As Civilians they are protected against any assault on their honour and physical integrity.” 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 42.
(emphasis in original)
In 2009, in its Report on Foreign Policy, Switzerland’s Federal Council stated:
The fight against violence against women in armed conflicts is a priority of the FDFA [Federal Department of Foreign Affairs], which supports the program deployed in this sense by the United Nations worldwide (“Unite to End Violence Against Women, No to rape!”), and the “GenCap” [Gender Standby Capacity] project of the humanitarian structure of the United Nations. 
Switzerland, Federal Council, Report on Foreign Policy 2009, 2 September 2009, Section 3.3.6.1, p. 5794.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
In 2011, Switzerland’s Federal Council issued a “Communiqué on the continuation of measures promoting peace and human security 2012–2016”, which stated:
The UN Security Council resolution 1325 (S/RES/1325) on women and peace and security of 31 October 2000 … concerns all States, all parties to an armed conflict and all the actors engaged in promotion of peace in:
- preventing gender-based violence, as well as protecting the needs and rights of women and girls during and after armed conflicts;
These points have been further elaborated in a number of subsequent resolutions. These include the UN Security Council resolution 1820 dedicated to the prevention of sexual violence and fight against impunity for perpetrators of such violence, as well as to the protection of the rights of women and girls. The resolution 1888 established a position specifically tasked with the fight against sexual violence in armed conflict. 
Switzerland, Federal Council, Communiqué on the continuation of measures promoting peace and human security 2012–2016, 29 June 2011, p. 5907.
In 2012, in a statement before the UN Security Council during a debate on women and peace and security, the chargé d’affaires a.i. of Switzerland stated:
The news on acts of sexual violence committed in contemporary wars is reaching us more frequently than ever. The averagely informed citizen of central Europe that has never experienced an armed conflict herself or himself, today, is aware of the existence of systematic rape as part and parcel of warfare. In this room nobody will deny that systematic sexual violence in armed conflict exists as a weapon of war and that it can constitute a war crime, a crime against humanity or an element of genocide. What is more, with the Rome Statute we have created an important tool to take legal action against those responsible for the suffering and the nightmares of those women and girls, but also boys and men. Finally then, with the robust series of Women Peace and Security resolutions of 2009 until 2010, the Security Council and the Member States showed decidedness to move from mere advocacy to hands-on implementation of the commitments to fight conflict-related sexual violence. 
Switzerland, Statement by the chargé d’affaires a.i. of Switzerland before the UN Security Council during a debate on women and peace and security, 23 February 2012.
In 2012, in a statement before the UN Security Council during a debate on women and peace and security, made on behalf of the Human Security Network, the permanent representative of Switzerland stated:
[I]t is deeply disturbing that today we continue to witness rapes of women, girls and children in general, in countries in armed conflict but also in other situations, including post-conflict situations. We recognize the efforts made by some Governments to put an end to these crimes, to strengthen judicial systems and to bring those responsible to justice. However, as the [UN] Secretary-General’s report (S/2012/33) shows, progress remains slow, and in practice the perpetrators of crimes against women and girls often go unpunished.
The Human Security Network therefore urges Member States to increase their efforts to prevent conflict-related sexual violence by undertaking all necessary efforts to implement all applicable legal provisions in the matter. The primary responsibility is theirs. But, at the same time, this constitutes a challenge for the international community as a whole, especially for regional and subregional organizations. Their role in supporting the efforts of those countries is crucial. The message must be clear; there shall be no impunity for the perpetrators of such crimes, and the countries affected and the international community will not rest until there is accountability and justice is done.
… [C]onflict-related sexual violence and the specific needs of women and girls have to be addressed adequately, both in ceasefire agreements and in peace agreements. 
Switzerland, Statement by the permanent representative of Switzerland before the UN Security Council during a debate on women and peace and security, made on behalf of the Human Security Network, namely Austria, Chile, Costa Rica, Greece, Ireland, Jordan, Mali, Norway, Panama, Slovenia, Thailand, South Africa as an observer and Switzerland, UN Doc. S/PV.6722, 23 February 2012.
In 2012, in a statement before the UN Security Council during a debate on children and armed conflict, the permanent representative of Switzerland stated:
[T]he situation of children affected by armed conflict remains alarming on a global scale. Children continue to be … victimized by sexual violence …
Pressure must be increased on persistent perpetrators. To that end, a close cooperation between the Security Council and national and international courts seeking to end impunity for serious violations of international humanitarian law is vital. 
Switzerland, Statement by the permanent representative of Switzerland before the UN Security Council during a debate on children and armed conflict, 19 September 2012.
In 2013, Switzerland’s Federal Department of Foreign Affairs issued a document entitled “Women, peace and security: National Action Plan to implement UN Security Council Resolution 1325 (2000)”, which stated:
VII. Examples of implementation
Switzerland further supports Geneva Call, an NGO that appeals to armed non-state actors to comply with international humanitarian law. Geneva Call develops measures for observing these norms to provide better protection to the civilians, women and children. To this end Geneva Call elaborates so-called Deeds of Commitment. Previously deeds were drawn up on banning landmines, child soldiers and recently also against sexual violence. 
Switzerland, Federal Department of Foreign Affairs, Women, peace and security: National Action Plan to implement UN Security Council Resolution 1325 (2000), 2013, p. 24.
[footnotes in original omitted]