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Switzerland
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
Section B. Attacks against combatants
Switzerland’s Basic Military Manual (1987) states that only military objectives may be attacked, including enemy armed forces.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I exclusively engage combatants”.
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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rule 1.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
10 General provisions
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153 All harmful acts perpetrated against the adversary, in particular the killing of enemy units or combatants during hostilities, constitute neither an offence under international law nor a violation of national law (see para. 234 et seq.).
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12.1 The principle of distinction
159 Hostilities must be directed exclusively against combatants and military objectives. …
1 Combatants are members of the armed forces of a party to the conflict, with the exception of medical and religious personnel. In war, they may engage in harmful acts as long as they comply with the rules of the law of armed conflict. Any persons who engage in harmful acts or openly bear weapons may also be fought against.
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, §§ 153 and 159. In the first sentence of § 159(1), the German language version notes: “Combatants are members of organized [“organisierten”] armed forces, with the exception of medical and religious personnel”.
The Regulation also explains that, in application of the principle of distinction, a wounded combatant who continues to shoot can be shot at because “he remains a combatant until he lays down his weapons”.
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.
The Regulation further states: “Airborne troops – descending by parachute individually or in formation – are considered combatants. They can therefore be attacked even when they are still in the air.”
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, § 184; see also § 172.
