Switzerland
Practice Relating to Rule 88. Non-Discrimination
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 [Personal conditions] and 4 [Extension in case of active service], the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
…
d. … crime against humanity (Part 2, chapter 6) … ;
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5. foreign military persons who make themselves culpable of … a crime against humanity (Part 2, chapter 6) … ;
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Chapter 6 – Genocide and crimes against humanity
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Art. 109
1. The penalty shall be a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against the civilian population:
…
i. in relation with one of the acts under chapters 6 [genocide and crimes against humanity] and 6bis [war crimes] or with the aim of systematically oppressing or dominating a racial group, seriously injures the fundamental rights of members of a group of persons by depriving them or stripping them of these rights for political, racial, ethnical, religious or social reasons or any other reason that is contrary to international law.

[footnotes in original omitted]
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Appeal by the Swiss authorities for compliance with international humanitarian law in Syria”, which stated: “Persons who are not or no longer taking part in the hostilities must be treated humanely without any discrimination. This is especially important in the case of detainees.”
Switzerland’s Basic Military Manual (1987) provides:
All civilian persons shall benefit from an equal treatment. No one can be disadvantaged because of race, colour, language, religion, political or other opinions, social origin, faith, sex, wealth or any other circumstance.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
Foreign civilians or civilians of an adverse party to a conflict are specifically protected under the law of armed conflict. If they are in the hands of a military unit, they must at all times be treated humanely. Any act of torture, physical or mental ill-treatment, degrading treatment or discrimination as well as measures of reprisal are prohibited.

[emphasis in original]
Switzerland’s military manuals provide that medical personnel shall collect and care for enemy wounded, as well as those of friendly forces.
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I recover and identify wounded, sick, shipwrecked and dead persons without discrimination as soon as the combat situation allows or the superior orders such.”
Switzerland’s Basic Military Manual (1987) recalls: “No adverse distinction can be based on race, nationality, religion, political opinions, language, colour, social condition, birth or other similar criteria.”
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
Prisoners must be humanely treated at any time and in any place. Any act of torture, physical or mental ill-treatment, degrading treatment or discrimination as well as measures of reprisal are prohibited. The State is responsible for the treatment of prisoners; each individual may be held liable for violations.
[emphasis in original]
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
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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.

[footnotes in original omitted]
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Appeal by the Swiss authorities for compliance with international humanitarian law in Syria”, which stated: “Persons who are not or no longer taking part in the hostilities must be treated humanely without any discrimination. This is especially important in the case of detainees.”
Switzerland’s Basic Military Manual (1987) provides that “practices of apartheid or other inhumane and humiliating treatment based on racial discrimination, implying a serious violation of human dignity”, is a grave breach of the 1977 Additional Protocol I.