Norma relacionada
Switzerland
Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Section A. Release and return without delay
Switzerland’s Basic Military Manual (1987) states: “Prisoners shall be released and repatriated without delay after the cessation of active hostilities. The Detaining Power shall establish a plan of repatriation and ensure its execution.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 141.
The manual further provides that grave breaches of the 1977 Additional Protocol I include “the unjustified delay in repatriation of prisoners of war or civilians”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(2).
The manual also states: “Seriously wounded and sick prisoners of war shall be repatriated as soon as their state of health permits it; the other wounded and sick may be hospitalized in neutral countries.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 142(1).
The manual stipulates: “Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners to make all appropriate decisions regarding their repatriation or hospitalization in a neutral country.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 142(2).
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 113
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
c. without justification, delays the repatriation of prisoners of war after the cessation of hostilities. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 113(c).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 264i
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
c. without justification, delays the repatriation of prisoners of war after the cessation of hostilities. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264i (c).
In 2005, in a report in response to a parliamentary postulate on private security and military companies, Switzerland’s Federal Council stated:
International humanitarian law contains, first, specific rules to be respected with regard to persons in custody or under the power of a party to a conflict, such as prisoners and civilians in occupied territories. Such rules include … the obligation to release prisoners after the end of the armed conflict. 
Switzerland, Report by the Swiss Federal Council on Private Security and Military Companies, 2 December 2005, Section 5.3.1, p. 45.