Switzerland
Practice Relating to Rule 72. Poison and Poisoned Weapons
Switzerland’s Military Manual (1984) states: “The employment of poison … is prohibited.”
Switzerland’s Teaching Manual (1986) states: “The law of armed conflict prohibits the use of poison.”
Switzerland’s Basic Military Manual (1987) states: “The employment of poison … is prohibited.”
The manual also states that “poisoning springs” constitutes a war crime.
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’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’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’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’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.
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.