Norma relacionada
Switzerland
Practice Relating to Rule 72. Poison and Poisoned Weapons
Switzerland’s Military Manual (1984) states: “The employment of poison … is prohibited.”
Switzerland, Lois et coutumes de la guerre, Manuel 51.7/III dfi, Armée suisse, 1984, p. 10.
Switzerland’s Teaching Manual (1986) states: “The law of armed conflict prohibits the use of poison.”
Switzerland, Droit des gens en temps de guerre, Programme d’instruction fondé sur le Manuel 51.7/III “Lois et coutumes de la guerre”, Cours de base pour recrues de toutes les armes 97.2f, Armée suisse, 1986, p. 41.
Switzerland’s Basic Military Manual (1987) states: “The employment of poison … is prohibited.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 22.
The manual also states that “poisoning springs” constitutes a war crime.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 200(2)(k).
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states:
Rule 8
I remain fair:
…
- I shall deploy neither anti-personnel mines, poison nor booby traps[.]
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rule 8.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
16.1 Prohibited means of warfare
228 Prohibited are:
1 poison, …
…
229 The production, stockpiling, import, export, transit and use of such means of combat are notably prohibited.
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, §§ 228–229.
Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who wilfully pollutes drinking water used for persons or cattle with substances harmful to health”.
Switzerland, Military Criminal Code, 1927, as amended, Article 169(1).
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.
…
Art. 112d
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
a. employs poison or poisoned weapons.
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112d (1)(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.
…
Art. 264h
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
a. employs poison or poisoned weapons.
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264h (1)(a).
In 2010, in its Report on Foreign Policy, Switzerland’s Federal Council stated:
Furthermore, the [2010 Kampala Review] Conference [on the 1998 ICC Statute] adopted a resolution by which it amended article 8 of the Rome Statute with a view to increasing the jurisdiction of the Court to the war crime consisting of using certain poisoned weapons … The use of these weapons is already prohibited today by the Statute in the context of an armed conflict of an international character. The amendment adopted in Kampala provides for their prohibition even in the context of an armed conflict not of an international character.
Switzerland, Federal Council, Report on Foreign Policy 2010, 10 December 2010, Section 3.1.6, p. 1058.
