Norma relacionada
Switzerland
Practice Relating to Rule 61. Improper Use of Other Internationally Recognized Emblems
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states:
Rule 8
I remain fair:
- I shall use the distinctive emblems, white flag and uniform in accordance with the rules (cf. Rule 10). These also protect my comrades and me;
…
Rule 10
I am familiar with the international protective signs and their meaning.
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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rules 8 and 10.
The Aide-Memoire also states with regard to civil defence:
Correct behaviour
…
- The distinctive signs may only be used by persons entitled and only for their intended purpose.
Prohibited is/are …
…
- Any improper use of the signs, e.g. to cover military actions[.]
Switzerland, 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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
The Aide-Memoire further states with regard to the “Protection of cultural properties (simple or reinforced protection)”:
Correct behaviour
…
- The distinctive signs may only be used by persons entitled and only for their intended purpose.
Prohibited is/are …
…
- Any improper use of the distinctive sign, e.g. to cover military actions[.]
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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
Concerning prisoner-of-war camps, the Aide-Memoire states:
Correct behaviour
- The camps must be situated at a sufficient distance to combat zones and must be marked.
Prohibited is/are …
…
- Any improper use of the distinctive sign.
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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
Concerning internee camps, the Aide-Memoire states:
Correct behaviour
- The camps must be situated at a sufficient distance to combat zones and must be marked.
Prohibited is/are …
…
- Any improper use of the distinctive sign.
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 Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
223 Misuse of a distinctive sign and the feigning of protected status are prohibited in any place and at any time. Examples: … establishing military command posts in civilian installations, etc.
…
17 Sanctions for violations of the international law of armed conflict
…
237 The following in particular are criminal offences: improper use of international distinctive signs[.]
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, §§ 223 and 237. The German language version of the second sentence of § 223 notes: “Examples: … establishing military command posts in civil defence installations [“Zivilschutzanlagen”], etc.”.
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. 112c
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
…
g. makes improper use … of the distinctive emblems provided for by international humanitarian law.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112c (1)(g).
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. 264g
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
…
g. makes improper use of … the distinctive emblems provided for by international humanitarian law.
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264g (1)(g).
Switzerland’s Law on the Protection of the UN Names and Emblems (1961) provides:
1. It is prohibited to use the following signs, communicated to Switzerland through the International Bureau for the Protection of Industrial Property and belonging to the specialized agencies of the United Nations or to other intergovernmental organizations linked to the United Nations:
a. The name of these organizations (in official Swiss languages and in English);
b. Their acronyms (in official Swiss languages and in English);
c. Their arms, flags and other emblems.
2. The prohibition applies similarly to imitations of the signs referred to in paragraph (1).
…
Anyone who, intentionally and in violation of the provisions of the present law, has made use of the names, acronyms, arms, flags and other emblems of intergovernmental organizations referred to in article … 2 … or of any other signs constituting imitation thereof, … [commits a punishable offence].
Switzerland, Law on the Protection of the UN Names and Emblems, 1961, Articles 2 and 7(1).
Switzerland’s Law on the Protection of Cultural Property (1966) states: “The sign of cultural property as a protective sign and the denomination ‘cultural property sign’ may be used only for the purpose of protecting cultural property.”
Switzerland, Law on the Protection of Cultural Property, 1966, Article 19.
The Law punishes
whoever, intentionally and without being entitled to do so, in order to obtain protection of public international law or another advantage, uses the sign of cultural property or the denomination “cultural property sign” or any other sign capable of causing confusion.
Switzerland, Law on the Protection of Cultural Property, 1966, Article 27.
Switzerland’s Law on the Protection of Cultural Property (1966), as amended in 2008, states: “The emblem of cultural property as a sign of protection and the denomination ‘emblem of cultural property’ may only be used for the purpose of protecting cultural property.”
Switzerland, Law on the Protection of Cultural Property, 1966, as amended in 2008, Article 19.
The Law further states:
Any person who, intentionally and without the right to do so, uses the emblem of cultural property or the denomination “emblem of cultural property” or any other emblem or denomination that may give rise to confusion in order to obtain the protection of public international law or any other advantage, is punished with three years’ or more imprisonment or with a monetary penalty.
Switzerland, Law on the Protection of Cultural Property, 1966, as amended in 2008, Article 27.
Switzerland's Law on Civil Defence (2002), as amended to February 2015, states:
Article 68
…
3 Who intentionally:
…
d. misuses the international distinctive sign of civil defence or the identity card of civil defence personnel;
shall be punished with a fine.
Switzerland, Law on Civil Defence, 2002, as amended to February 2015, Article 68(3)(d).
Switzerland’s ABC of International Humanitarian Law (2009) states:
Emblems (distinctive sign)
…
Other emblems with a protective function include the white flag for Combatants who wish to parley or surrender, and a blue triangle on an orange ground, as the emblem of Civil defence. Improper use of these emblems is prohibited by law.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 18–19.
