Соответствующая норма
Switzerland
Practice Relating to Rule 88. Non-Discrimination
Section A. General
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) … ;
…
5. foreign military persons who make themselves culpable of … a crime against humanity (Part 2, chapter 6) … ;
…
Chapter 6 – Genocide and crimes against humanity
…
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.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5) and 109(1)(i).
[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, Federal Department of Foreign Affairs, “Appeal by the Swiss authorities for compliance with international humanitarian law in Syria”, Press Release, 15 November 2012.
