相关规则
Switzerland
Practice Related to Rule 95. Forced Labour
Switzerland’s ABC of International Humanitarian Law (2009) states: “Even in war not everything is allowed. Various means and methods are prohibited, including … enforced recruitment of Prisoners of war or of Protected persons”.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 29.
Switzerland’s Basic Military Manual (1987) provides:
Protected persons shall not be compelled to do any work which would make it compulsory for them to take part in military operations. It is prohibited to recruit labour force in order to achieve a mobilization of workers placed under a military or half-military regime.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 178.
The manual further specifies that “compelling [prisoners of war and civilians] to serve in the forces of the enemy Power” is a grave breach of the 1949 Geneva Conventions.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 192.
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 111
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
…
e. compelling a person to serve in the armed forces of a hostile power;
…
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 111(1)(b) and (2).
[footnote in original omitted]Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264c
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
…
e. compelling a person to serve in the armed forces of a hostile power;
…
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law.
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 264c (1)(e) and (2).
[footnote in original omitted]