Norma relacionada
Switzerland
Practice Relating to Rule 99. Deprivation of Liberty
Switzerland’s Basic Military Manual (1987) provides that “illegal detention” of protected civilians is a grave breach of the 1949 Geneva Conventions. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 192(1)(c).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
185 Mission orders must contain directives for the evacuation and internment of prisoners of war.
198 Foreign civilians or civilians of an adverse party to a conflict are specifically protected under the law of armed conflict. If they are in the hands of a military unit, they must at all times be treated humanely. … They must be turned over to the competent civilian authorities as quickly as possible. 
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, §§ 185 and 198.
[emphasis in original]
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:
f. unlawful … confinement of persons;
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)(f) and (2).
[footnote in original omitted]
The Code also states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 [Personal conditions] and 4 [Extension in case of active service], the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
d. … crime against humanity [Art. 109] (Part 2, chapter 6) …;
5. foreign military persons who make themselves culpable of … a crime against humanity [Art. 109] (Part 2, chapter 6)[.]
Chapter 6 – Genocide and crimes against humanity
Art. 109
1 The penalty shall be a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against the civilian population:
d. inflicts on a person a severe deprivation of liberty in violation of the fundamental rules of international law. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5) and 109(1)(d).
[footnotes omitted]
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. 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:
f. unlawful … confinement of persons;
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, Articles 264b, 264c (1)(f) and (2).
[footnote in original omitted]
Switzerland’s ABC of International Humanitarian Law (2009) states:
Internment
Detention ordered by the executive branch rather than by due process of law, without formal criminal charges being made. The internment of Prisoners of war in the course of an international Armed conflict comes under the provisions of the Third Geneva Convention. The detailed provisions of international humanitarian law relate in particular to … the termination of imprisonment. In exceptional cases Civilians may also be interned. The Fourth Geneva Convention allows the parties to the conflict to adopt control and security measures in relation to Protected persons. Such measures are subject to strict conditions and must be reviewed at least twice yearly by a tribunal or an authority appointed for that purpose.
War crimes
War crimes are grave breaches of the provisions of the Geneva Conventions of 1949 protecting persons and objects as well as other serious violations of the laws and customs that apply to an international or non-international Armed conflict. War crimes include notably: …unlawful detention[.] 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 28 and 40.
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. … Furthermore, these detainees can be subjected to national criminal law. Individuals that did not commit reprehensible acts according to this law can be interned for imperative reasons of security specific to each of them. If the motives justifying internment are no longer met, it must be lifted. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.4, p. 15.
[footnotes in original omitted]
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, which stated:
Switzerland takes this opportunity to recall the obligations o[f] States to respect international humanitarian law and human rights, in particular with regard to conditions of detention. According to international law, administrative detention can only be applied as an exceptional measure and must be subject to periodic revision and an appeal procedure. 
Switzerland, Federal Department of Foreign Affairs, “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, Press Release, 10 May 2012.
In 2013, in a statement before the UN Human Rights Council during a debate on the human rights situation in Palestine and other occupied Arab territories, the representative of Switzerland stated:
Furthermore, Switzerland is deeply concerned by the recurring resort to prolonged administrative detention with regard to the Palestinian population. We recall that administrative detention must remain an exceptional measure and be used with respect for fundamental guarantees. 
Switzerland, Statement by the representative of Switzerland before the UN Human Rights Council during a debate on the human rights situation in Palestine and other occupied Arab territories, 18 March 2013.
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. 196 Definition
Compulsory measures are procedural acts carried out by the criminal justice authorities that restrict the fundamental rights of the persons concerned …
Art. 197 Principles
1. Compulsory measures may be taken only if:
a. they are permitted by law;
2. Particular caution must be taken when carrying out compulsory measures that restrict the fundamental rights of persons not accused of an offence. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Articles 196 and 197(1)(a) and (2).
The Code further states: “An accused person … may be subjected to compulsory measures involving deprivation of liberty only in accordance with the provisions of this Code.” 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Article 212(1).
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.
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 [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 in the section on remand detention:
Art. 225 Detention proceedings before the compulsory measures court
1. On receipt of the application from the public prosecutor, the compulsory measures court shall immediately arrange a private hearing with the public prosecutor, the accused and his or her defence agent; it may require the public prosecutor to participate.
Art. 226 Decision of the compulsory measures court
1. The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application. 
Switzerland, Criminal Procedure Code, 2007, as amended to 2012, Articles 225(1) and 226(1).
In 2012, Switzerland’s Federal Department of Foreign Affairs issued a press release entitled “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, which stated:
Switzerland takes this opportunity to recall the obligations o[f] States to respect international humanitarian law and human rights, in particular with regard to conditions of detention. According to international law, administrative detention can only be applied as an exceptional measure and must be subject to periodic revision and an appeal procedure. 
Switzerland, Federal Department of Foreign Affairs, “Switzerland is concerned about the situation of the Palestinian prisoners on hunger strike”, Press Release, 10 May 2012.