Norma relacionada
Switzerland
Practice relating to Rule 66. Non-Hostile Contacts between the Parties to the Conflict
Switzerland’s Basic Military Manual (1987) provides: “Military commanders of both sides may, within the bounds of their authority, contact each other directly in their respective operation zones.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 12(1).
Switzerland’s ABC of International Humanitarian Law (2009) states:
Ceasefire
A ceasefire is an immediate halt or end to hostilities. This military concept refers to both agreements negotiated between the parties to a conflict and the unilateral termination of all military activity by one of the parties, possibly for a specified period of time or in a specified area.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 9.
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 … white flag … 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 5 and 8.
The Aide-Memoire further states with regard to the white flag:
Correct behaviour
- The White Flag clearly indicates willingness to negotiate, sometimes even willingness to surrender;
- Respect bearers of the White Flag. They are not allowed to be attacked.
Prohibited is/are:
- Attacks against bearers of the White Flag;
- Improper use of the White Flag in order to achieve a military advantage.
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: “The white flag indicates that the enemy wants to negotiate. It can also indicate that the enemy wishes to surrender. Persons, buildings and vehicles marked with the white flag must not be attacked.”
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, § 186.
Switzerland’s ABC of International Humanitarian Law (2009) states: “Other emblems with a protective function include the white flag for Combatants who wish to parley or surrender … . Improper use of these emblems is prohibited by law.”
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 19.
Switzerland’s Basic Military Manual (1987) defines a parlementaire as a person “who is authorized by one of the belligerents to enter into communication with the other and who advances bearing a white flag”.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 13.
Switzerland’s Basic Military Manual (1987) states: “The commander to whom a parlementaire is sent is not obliged to receive him.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 14.
