Switzerland
Practice Relating to Rule 88. Non-Discrimination
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:
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d. … crime against humanity (Part 2, chapter 6) … ;
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5. foreign military persons who make themselves culpable of … a crime against humanity (Part 2, chapter 6) … ;
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Chapter 6 – Genocide and crimes against humanity
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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:
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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.

[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.”