Related Rule
Switzerland
Practice Relating to Rule 100. Fair Trial Guarantees
Section N. Non bis in idem
Switzerland’s Basic Military Manual (1987) provides that a prisoner “shall be punished only once for the same act or on the same count”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 106.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Provided there has been no serious violation of the fundamental principles of the constitution and the European Convention on Human Rights of 4 November 1950, the person prosecuted abroad upon a request by the Swiss authorities may no longer be prosecuted in Switzerland for the same act:
a. if he has been acquitted abroad by a final judgment;
b. if the sanction which has been pronounced against him abroad has been executed, irrespective of whether it has been waived or become time-barred. 
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 10(3).
Switzerland’s Penal Code (1937), as amended to 2009, states with regard to crimes or offences committed abroad:
Provided there has been no serious violation of the fundamental principles of the constitution and the ECHR [European Convention on Human Rights], the perpetrator may no longer be prosecuted in Switzerland for the same act:
a. if he has been acquitted abroad by a final judgment;
b. if the sanction which has been pronounced against him abroad has been executed, waived or has become time-barred. 
Switzerland, Penal Code, 1937, as amended in 2009, Article 7(4).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, which also contains a title on war crimes, states in the book on general provisions:
Art. 3
1 Any person who commits a felony or misdemeanour in Switzerland is subject to this Code.
2 If the person concerned has served a sentence in full or in part for the offence in another country, the Swiss court must take the sentence served into account in determining the sentence to be imposed.
3 If the person concerned has been prosecuted in a foreign country at the request of the Swiss authorities, then unless the offence involves a gross violation of the principles of the Federal Constitution or the [1950 European Convention on Human Rights] (ECHR), he shall not be prosecuted in Switzerland for the same offence if:
a. the foreign court has acquitted him and the judgment has taken full legal effect;
b. the penalty to which he had been sentenced in the foreign country has been served, suspended or is subject to a statute of limitations. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 3(1)–(3); see also Article 4(1) and (2).
[footnote in original omitted]
The Code further states:
Art. 6
1 Any person who commits a felony or misdemeanour abroad that Switzerland is obliged to prosecute under an international agreement is subject to this Code provided:
a. the act is also liable to prosecution in the State where it was committed or no criminal law jurisdiction applies at the place of commission; and
b. the person concerned remains in Switzerland and is not extradited.
2 The court shall determine the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.
3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR, the person concerned shall not be liable to further prosecution in Switzerland if:
a. he has been acquitted of the offence abroad in a legally binding judgment;
b. the sentence that was imposed abroad has been executed, waived, or is subject to a statute of limitations. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 6(1)–(3).
[footnote in original omitted]
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: “No person who has been convicted or acquitted in Switzerland by a final legally binding judgment may be prosecuted again for the same offence.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 11(1).
In 2007, in its third periodic report to the Human Rights Committee, Switzerland stated:
In a 2002 decision the Federal Court found that the principle of non bis in idem derives not only from the Federal Constitution and from article 4 of the seventh Optional Protocol to the European Convention [on Human Rights] but also from article 14, paragraph 7, of the International Covenant [on Civil and Political Rights]. In another decision in that same year it stressed that the procedural guarantee contained in article 14, paragraph 4, of the [International] Covenant [on Civil and Political Rights] does not entail an obligation to provide legal protection free of charge. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, § 238.
[footnotes omitted]
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 [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]