Norma relacionada
Switzerland
Practice Relating to Rule 8. Definition of Military Objectives
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “Military objectives are objects that by their nature, location, purpose or use effectively contribute to military action.”
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 159(2).
Switzerland’s ABC of International Humanitarian Law (2009) states: “Military objectives are those whose nature, location, purpose or use make an effective contribution to military actions, and whose total or partial destruction, capture or neutralisation would provide a definite military advantage.”
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 30.
Switzerland’s Basic Military Manual (1987) considers that the armed forces are military objectives liable to attack.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated that “government troops, … , according to international humanitarian law, represent legitimate military objectives and may be attacked at any moment”.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 4.1, p. 20.
Switzerland’s Basic Military Manual (1987) lists the armed forces and “their materiel, sites and buildings occupied by them (barracks, fortresses, arsenals) … and establishments directly linked to the activity of the armed forces” among military objectives.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) explains with respect to the example of a “[m]ortar site, two civilian women are supplying beverages” that, in application of the principles of distinction and proportionality, the “mortar site can be attacked as a military objective: collateral damage”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 172.
With respect to the example of a “[b]attle tank accommodating wounded persons”, the Regulation further explains that, in application of the principle of military necessity, the tank is “not a protected object. Military objective, collateral damage”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 172.
Switzerland’s Basic Military Manual (1987) considers “lines of communication … of military importance” as military objectives.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
Switzerland’s Basic Military Manual (1987) considers “means of transportation of military importance” as military objectives.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
Switzerland’s Basic Military Manual (1987) considers “plants, factories and establishments directly linked to the activity of the armed forces” as military objectives.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28.
Switzerland’s Basic Military Manual (1987) considers that:
Civilians who are inside or in the immediate vicinity of military objectives run the risks to which the military objectives are exposed. For example, the presence of civilian workers inside a weapons factory does not prevent the enemy from attacking this military objective.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 28 and commentary.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) explains with respect to the example of a “[m]ortar site, two civilian women are supplying beverages” that, in application of the principles of distinction and proportionality, the “mortar site can be attacked as a military objective: collateral damage”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 172.
With respect to the example of a “[c]onvoy of refugees intermingled with some combatants”, the Regulation explains that, in application of the principle of proportionality, “[t]he concrete military advantage is not in an acceptable proportion”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 172.
With respect to the example of a “[b]attle tank accommodating wounded persons”, the Regulation further explains that, in application of the principle of military necessity, the tank is “not a protected object. Military objective, collateral damage”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 172.
The Regulation also states that civilians “are especially protected by the law of armed conflict, insofar as they do not participate in combat and are not in the immediate proximity of military objectives”.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance for the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 197. The German language version of sentence 2 of § 197 notes: “… insofar as they do not participate in combat or [“oder”] are in the immediate proximity of military objectives”.
