Norma relacionada
Switzerland
Practice Relating to Rule 100. Fair Trial Guarantees
Switzerland’s Basic Military Manual (1987) provides that, when captured, “saboteurs … cannot be punished without prior judgment”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 46.
The manual notes: “In judicial proceedings, some minimum guarantees in accordance with the regime of the rule of law shall be granted to those accused of possible war crimes and who no longer benefit from prisoner-of-war status.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 66.
The manual adds: “Article 75 [of the 1977 Additional Protocol I] contains a series of provisions that guarantee to the accused a fair trial.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 153.
The manual further provides:
A person found guilty of a criminal offence committed in connection with the armed conflict shall be sentenced only in accordance with a judgment … This judgment shall be rendered by an impartial and regularly constituted tribunal which follows the generally recognised principles of a regular judicial procedure. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 175.
According to the manual, it is a grave breach of the 1949 Geneva Conventions to deprive prisoners of war and civilians of “their right to be tried by an impartial and regularly constituted tribunal, in accordance with the conventions”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 192(b); see also § 193(2)(e).
In an article entitled “Judicial guarantees”, the manual states: “Prisoners of war prosecuted for war crimes shall benefit from the rights prescribed by [the 1949 Geneva Convention III].” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 201.
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
Article 3
1. The criminal justice authorities shall respect the dignity of the persons affected by the proceedings at all stages of the proceedings.
2. They shall in particular comply with:
c. the requirement to treat all persons involved in the proceedings equally and fairly and to grant them the right to be heard. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 3(1) and (2)(c).
Switzerland’s ABC of International Humanitarian Law (2009) states: “International humanitarian law provides fundamental guarantees to persons who do not benefit from more favourable treatment on the basis of the Geneva Conventions of 1949. This minimal protection includes for example … a number of judicial guarantees.” 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 20.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Basic Military Manual (1987) provides: “Only an impartial and regularly constituted tribunal can judge and sentence an accused person.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 153, commentary.
The manual further states:
A person found guilty of a criminal offence committed in connection with the armed conflict shall be sentenced only in accordance with a judgment … This judgment shall be pronounced by an impartial and regularly constituted tribunal. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 175.
According to the manual, it is a grave breach of the 1949 Geneva Conventions to deprive prisoners of war and civilians of “their right to be tried by an impartial and regularly constituted tribunal, in accordance with the conventions”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 192(b); see also § 193(2)(e).
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 111
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
g. denying a regular and fair judgment before the imposition or execution of a severe penalty.
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 111(1)(g) and (2).
[footnote in original omitted]
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264c
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
g. denying a regular and fair judgment before the imposition or execution of a severe penalty.
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 264c (1)(g) and (2).
[footnote in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “The criminal justice authorities are independent in applying the law and bound solely by the law.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 4(1).
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “Every person is presumed to be innocent until they have been convicted in a judgment that is final and legally binding.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 10(1).
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Basic Military Manual (1987) provides: “Every person arrested, detained or interned for acts committed in connection with the conflict shall be informed, without delay, in a language he or she understands, of the reasons why the measures have been taken.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 175.
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “At the start of the examination hearing, the person being questioned shall, in a language they can understand: … be advised of the subject matter of the criminal proceedings and of the capacity in which he is being interviewed”. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 143(1)(b); see also Article 158(1)(a).
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Basic Military Manual (1987) states: “Only military tribunals can try prisoners. They shall provide the accused with all recognized means of defence.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 106.
The manual also provides that an accused prisoner “shall have the possibility of expressing himself on the subject of the accusation of which he is charged”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 153.
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
Article 107
1. The parties have the right to be heard; in particular, they have the right:
a. to inspect case documents;
b. to participate in procedural acts;
c. to appoint a legal agent;
d. to comment on the case and on the proceedings;
e. to request that further evidence be taken.
2. The criminal justice authorities shall notify parties who are unaware of the law of their rights. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 107(1) and (2); see also Articles 127(1), 130, 132 and 158(1)(c).
The Code further states: “At the start of the examination hearing, the person being questioned shall, in a language they can understand: … be informed in full of his rights and obligations.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 143(1)(c).
In 2007, in its third periodic report to the Human Rights Committee, Switzerland stated:
The rights of defence deriving from the right to a hearing require, in accordance with the principle of fair treatment, that the record of the case should specify how the evidence was obtained. Thus the Federal Court ruled in a decision of 13 November 2002 that verbatim records transcribing into German tapped telephone conversations conducted in a foreign language could be used only if the file showed who had made the recordings and by what means. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, § 233.
Switzerland also stated:
In Decision ATF 129 I 281 et seq., the Federal Court found that the right accorded to all persons charged with a criminal offence by article 2 of the seventh Additional Protocol to the European Convention on Human Rights and by article 14, paragraph 5, of the International Covenant [on Civil and Political Rights] to have his conviction reviewed by a higher court would be unacceptably voided of content if the necessary defence was limited to the proceedings in first instance and if a convicted person lacking the necessary resources had to take charge of the appeal proceedings himself, when representation by a lawyer would be essential for the effective exercise of his rights of defence. Where necessary defence is concerned, a defendant – or convicted person – whose poverty is recognized has, in principle, an unconditional right to free assistance, even in appeal proceedings which he initiates himself. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, § 236.
[footnote omitted]
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
Article 5
1. The criminal justice authorities shall commence criminal proceedings immediately and conclude them without unjustified delay.
2. Where an accused is in detention, the proceedings shall be conducted as a matter of urgency. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 5(1) and (2).
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “Parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 147(1).
In 2007, in its third periodic report to the Human Rights Committee, Switzerland stated:
234. The right to question a prosecution witness is absolute if his or her testimony is decisive from the standpoint of proof. The Federal Court found that this right had been infringed in a case in which there had been no cross-examination during the preliminary proceedings before the examining magistrate and in which the victim had refused, more than four years after the initial hearing, to reply to supplementary questions put by the defendant.
235. The Federal Court clarified this practice one year later. The formal criterion of the importance of the evidence obtained, whether decisive or not, could not determine the admissibility of recourse to anonymous witnesses. Instead the court must consider, as part of an overall assessment, whether the reduction of the rights of defence entailed by acceptance of anonymous witnesses serves interests meriting protection and, if so, whether the accused was nevertheless able to defend himself effectively and had therefore enjoyed due process. In the case before it the Court considered that the rights of defence had been insufficiently safeguarded, for neither the accused nor his counsel had had an opportunity to cross-examine, at least indirectly, one of the two prosecution witnesses. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, §§ 234–235.
[footnotes omitted]
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “Where a party to the proceedings does not understand the language of the proceedings or is unable to express himself adequately, the director of proceedings shall appoint an interpreter.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 68(1); see also Article 158(1)(d).
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
Article 114
1. An accused is fit to plead if he or she is physically or mentally capable of understanding the proceedings.
2. In the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence.
3. If the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 114 (1)–(3).
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Basic Military Manual (1987) provides: “No coercion shall be exercised to lead the prisoner to confess guilt to the act of which he is accused.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 106.
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “The accused may not be compelled to incriminate him or herself. In particular, the accused is entitled to refuse to make a statement or to cooperate in the criminal proceedings.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 113(1); see also Article 158(1)(b).
In 2002, in its fourth periodic report to the Committee against Torture, Switzerland stated:
128. The draft federal code of criminal procedure embodies the right to remain silent. Before their first hearing by the police and subsequently by the examining magistrate, suspects must be informed that they may refuse to give a statement (art. 167, para. 1 (b)).
131. The Federal Tribunal recognizes the right of the accused to remain silent as a general and inviolable principle of criminal procedure (ATF 106 Ia 7). All judicial authorities are required to comply with this case law.
132. In addition, the law of several Swiss cantons recognizes the right of the accused not to incriminate themselves and to remain silent. 
Switzerland, Fourth periodic report to the Committee against Torture, 2 July 2004, UN Doc. CAT/C/55/Add.9, submitted 18 December 2002, §§ 128 and 131–132.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated that:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states:
Art. 69 Principles
1. Proceedings before the court of first instance and the court of appeal, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges' deliberations, be conducted in public.
Art. 70 Restrictions on and exclusion of public access
1. The court may completely or partly exclude members of the public from court hearings if:
a. public safety or order or the legitimate interests of a person involved, and in particular the victim, so require. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Articles 69(1) and 70(1)(a).
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions.  
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
Switzerland’s Basic Military Manual (1987) provides: “The right of recourse in appeal, cassation and review shall be ensured.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 106.
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 398(1).
In 2007, in its third periodic report to the Human Rights Committee, Switzerland stated:
In Decision ATF 129 I 281 et seq., the Federal Court found that the right accorded to all persons charged with a criminal offence by article 2 of the seventh Additional Protocol to the European Convention on Human Rights and by article 14, paragraph 5, of the International Covenant [on Civil and Political Rights] to have his conviction reviewed by a higher court would be unacceptably voided of content if the necessary defence was limited to the proceedings in first instance and if a convicted person lacking the necessary resources had to take charge of the appeal proceedings himself, when representation by a lawyer would be essential for the effective exercise of his rights of defence. Where necessary defence is concerned, a defendant – or convicted person – whose poverty is recognized has, in principle, an unconditional right to free assistance, even in appeal proceedings which he initiates himself. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, § 236.
Switzerland’s Basic Military Manual (1987) provides that a prisoner “shall be punished only once for the same act or on the same count”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 106.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Provided there has been no serious violation of the fundamental principles of the constitution and the European Convention on Human Rights of 4 November 1950, the person prosecuted abroad upon a request by the Swiss authorities may no longer be prosecuted in Switzerland for the same act:
a. if he has been acquitted abroad by a final judgment;
b. if the sanction which has been pronounced against him abroad has been executed, irrespective of whether it has been waived or become time-barred. 
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 10(3).
Switzerland’s Penal Code (1937), as amended to 2009, states with regard to crimes or offences committed abroad:
Provided there has been no serious violation of the fundamental principles of the constitution and the ECHR [European Convention on Human Rights], the perpetrator may no longer be prosecuted in Switzerland for the same act:
a. if he has been acquitted abroad by a final judgment;
b. if the sanction which has been pronounced against him abroad has been executed, waived or has become time-barred. 
Switzerland, Penal Code, 1937, as amended in 2009, Article 7(4).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, which also contains a title on war crimes, states in the book on general provisions:
Art. 3
1 Any person who commits a felony or misdemeanour in Switzerland is subject to this Code.
2 If the person concerned has served a sentence in full or in part for the offence in another country, the Swiss court must take the sentence served into account in determining the sentence to be imposed.
3 If the person concerned has been prosecuted in a foreign country at the request of the Swiss authorities, then unless the offence involves a gross violation of the principles of the Federal Constitution or the [1950 European Convention on Human Rights] (ECHR), he shall not be prosecuted in Switzerland for the same offence if:
a. the foreign court has acquitted him and the judgment has taken full legal effect;
b. the penalty to which he had been sentenced in the foreign country has been served, suspended or is subject to a statute of limitations. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 3(1)–(3); see also Article 4(1) and (2).
[footnote in original omitted]
The Code further states:
Art. 6
1 Any person who commits a felony or misdemeanour abroad that Switzerland is obliged to prosecute under an international agreement is subject to this Code provided:
a. the act is also liable to prosecution in the State where it was committed or no criminal law jurisdiction applies at the place of commission; and
b. the person concerned remains in Switzerland and is not extradited.
2 The court shall determine the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.
3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR, the person concerned shall not be liable to further prosecution in Switzerland if:
a. he has been acquitted of the offence abroad in a legally binding judgment;
b. the sentence that was imposed abroad has been executed, waived, or is subject to a statute of limitations. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 6(1)–(3).
[footnote in original omitted]
Switzerland’s Criminal Procedure Code (2007), as amended to 2012, which regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law, including war crimes, states: “No person who has been convicted or acquitted in Switzerland by a final legally binding judgment may be prosecuted again for the same offence.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 11(1).
In 2007, in its third periodic report to the Human Rights Committee, Switzerland stated:
In a 2002 decision the Federal Court found that the principle of non bis in idem derives not only from the Federal Constitution and from article 4 of the seventh Optional Protocol to the European Convention [on Human Rights] but also from article 14, paragraph 7, of the International Covenant [on Civil and Political Rights]. In another decision in that same year it stressed that the procedural guarantee contained in article 14, paragraph 4, of the [International] Covenant [on Civil and Political Rights] does not entail an obligation to provide legal protection free of charge. 
Switzerland, Third periodic report to the Human Rights Committee, 17 December 2007, UN Doc. CCPR/C/CHE/3, submitted 12 October 2007, § 238.
[footnotes omitted]
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.4 [Increasing use] of anti-guerrilla tactics
Apart from the direct fight against insurgents, international humanitarian law also addresses other anti-guerrilla tactics. … If members of militias or opposition groups fall into the hands of the government they benefit from the protection of art. 75 of [the 1977] Additional Protocol I as well as that of art. 3 common to the [1949] Geneva Conventions. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]