相关规则
Switzerland
Practice Relating to Rule 97. Human Shields
Switzerland’s Basic Military Manual (1987) states: “No civilian person can be used to shield, by its presence, certain places or regions from military operations.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 151(1).
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.
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Art. 112c
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:
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b. uses a person protected by international humanitarian law as a human shield in order to influence combat operations.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112c (1)(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.
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Art. 264g
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:
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b. uses a person protected by international humanitarian law as a human shield in order to influence combat operations.
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264g (1)(b).
Switzerland’s Protection of Civilians in Armed Conflict Strategy (2009) states that “the weaker of the adversaries frequently resort to practices that are prohibited under international law, e.g. … the use of human shields”.
Switzerland, Federal Department of Foreign Affairs, Protection of Civilians in Armed Conflict Strategy, 2009, p. 3.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated: “The use of human shields also constitutes a grave violation of international humanitarian lawˮ.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12; see also Section 3.4, pp. 13–14.
(footnotes in original omitted)