Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
1. An accused is fit to plead if he or she is physically or mentally capable of understanding the proceedings.
2. In the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence.
3. If the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned.
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 [the 1977] Additional Protocol I as well as that of art. 3 common to the  Geneva Conventions.
[footnotes in original omitted]