Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
Switzerland’s Basic Military Manual (1987) provides: “No coercion shall be exercised to lead the prisoner to confess guilt to the act of which he is accused.”
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: “The accused may not be compelled to incriminate him or herself. In particular, the accused is entitled to refuse to make a statement or to cooperate in the criminal proceedings.”
In 2002, in its fourth periodic report to the Committee against Torture, Switzerland stated:
128. The draft federal code of criminal procedure embodies the right to remain silent. Before their first hearing by the police and subsequently by the examining magistrate, suspects must be informed that they may refuse to give a statement (art. 167, para. 1 (b)).
131. The Federal Tribunal recognizes the right of the accused to remain silent as a general and inviolable principle of criminal procedure (ATF 106 Ia 7). All judicial authorities are required to comply with this case law.
132. In addition, the law of several Swiss cantons recognizes the right of the accused not to incriminate themselves and to remain silent.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated that:
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  Additional Protocol I as well as that of art. 3 common to the  Geneva Conventions.
[footnotes in original omitted]