Règle correspondante
Switzerland
Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Section B. Attacks against military objectives
Switzerland’s Basic Military Manual (1987) provides: “Troops can only direct their actions against military objectives.” It also provides: “Only military objectives, well specified and duly identified, may be attacked by bombardment or by projectiles fired from long-distance or having widespread destructive effects.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Articles 25(1) and 28.
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states: “I exclusively engage combatants and military targets.”
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rule 1.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “Hostilities must be directed exclusively against combatants and military objectives.”
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 159.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Civilian objects
International humanitarian law distinguishes between Civilian objects and Military objectives, prohibiting acts of violence against the former. …
…
Distinction
International humanitarian law protects the civilian population and prohibits attacks against Civilians and Civilian objects. One of its ground rules is the principle of distinction: the parties to a conflict are obliged to conduct military operations exclusively against Military objectives and must therefore always distinguish between Civilians and Combatants as well as between Civilian objects and Military objectives. …
…
Military objectives
International humanitarian law distinguishes between Civilian objects and military objectives. … Under international humanitarian law military personnel must at all times give full consideration to the nature of a potential target and opt exclusively for those that qualify as genuine military objectives.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 12, 17 and 30.
[emphasis in original]In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated: “Only attacks against military objectives come within the framework of international humanitarian law, even if these take the form of suicide attacks.”
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
