Norma relacionada
Switzerland
Practice Relating to Rule 23. Location of Military Objectives outside Densely Populated Areas
Switzerland’s Basic Military Manual (1987) states: “To the extent possible, that is, as far as the interests of Swiss national defence allow, no military objective shall be placed within or in the vicinity of densely populated areas.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 29(3); see also Article 151(2)(b) and (3).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
165 The following precautionary measures must be taken into consideration when making decisions, when issuing orders and in particular when conducting military operations.
…
170 Anyone who acts in defence:
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2 avoid[s] locating military objectives or positions within or near densely populated areas.
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, §§ 165 and 170(2).
[emphasis in original]In 2005, Switzerland withdrew its reservations to Articles 57 and 58 of the 1977 Additional Protocol I.
Switzerland, Withdrawal of reservations to the 1977 Additional Protocol I, 17 June 2005.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
Combatants in civilian attire who blend in with the civilian population, thereby deliberately placing civilians and civilian objects in danger, are in flagrant contradiction with the obligation that international law imposes on all parties to a conflict to take all feasible measures to ensure the protection of the persons and objects concerned.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnote in original omitted]