Related Rule
Switzerland
Practice Relating to Rule 65. Perfidy
Section H. Simulation of protected status by using other internationally recognized emblems
Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who abuses … the emblem of cultural property … to prepare or commit hostile acts” in time of armed conflict.
Switzerland, Military Criminal Code, 1927, as amended, Article 110.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Any person who abuses … the emblem of cultural property in order to prepare or commit hostile acts is to be punished with three years’ or more imprisonment or a monetary penalty or, in less serious cases, a year imprisonment or less.
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 110.
Switzerland’s Basic Military Manual (1987) considers the “perfidious use of … distinctive signs recognized by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I]”, as a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s Regulation on Ten Basic Rules for the Protection of Cultural Property (2013) states:
Rule No. 2 Protection symbol
…
Any inappropriate use of cultural protection symbols, e.g. for the purpose of deceiving an opponent or protecting military targets, is prohibited (malice).
Switzerland, Ten Basic Rules for the Protection of Cultural Property, Regulation 51.00705e, issued on the basis of Article 10 of the Ordinance on the Organization of the Federal Department of Defence, Civil Protection and Sports of 7 March 2003, signed on 21 March 2013, entry into force on 1 July 2013, Rule No. 2.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
