相关规则
Switzerland
Practice Relating to Rule 79. Weapons Primarily Injuring by Non-Detectable Fragments
Switzerland’s Basic Military Manual (1987) states: “It is prohibited to use weapons the primary effect of which is the formation of fragments non-detectable in the human body by X-rays.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 23(a).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
16.1 Prohibited means of warfare
228 Prohibited are:
…
3 munitions that leave fragments that are undetectable by X-ray;
…
229 The production, stockpiling, import, export, transit and use of such means of combat are notably 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, §§ 228(3) and 229.
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. 112d
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:
…
d. employs weapons the primary effect of which is to injure by fragments which in the human body escape detection by x-ray.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112d (1)(d).
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. 264h
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:
…
d. employs weapons the primary effect of which is to injure by fragments which in the human body escape detection by X-rays.
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264h (1)(d).
