Norma relacionada
Switzerland
Practice Relating to Rule 64. Conclusion of an Agreement to Suspend Combat with the Intention of Attacking by Surprise the Adversary Relying on It
Switzerland’s Basic Military Manual (1987) states that the violation of an armistice is prohibited and the “carrying out of hostilities after the conclusion of an armistice or the violation of its provisions” are war crimes.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Articles 194(2) and 200(2)(g).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
17 Sanctions for violations of the international law of armed conflict
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237 The following in particular are criminal offences: … violation of a ceasefire or peace [.]
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, § 237.
Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who continues hostilities, after having official knowledge of the conclusion of an armistice or of peace, [and] anyone who, in any other way, violates the conditions of an officially known armistice”.
Switzerland, Military Criminal Code, 1927, as amended, Article 113.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Any person who has continued hostilities after having received official notification of the conclusion of an armistice or a peace agreement,
any person who in any way has violated the conditions of an armistice that have been officially brought to his or her attention,
is to be punished with three years’ or more imprisonment or a monetary penalty or, in less serious cases, a year imprisonment or less.
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 113.
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
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Art. 113
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 113(a).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
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Art. 264i
The penalty shall be a custodial sentence not exceeding three years or a monetary penalty for any person who:
a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way.
