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Has your State/National Society/Institution incorporated the commitments contained in this resolution into the relevant strategic or operational plans?
YesThe commitments are incorporated into:
Strategy
Policy
Operational plan
Legislation (e.g. Law, Regulation, Statutes, Rules of Procedure etc.)At the International, National level
Explanation:
Strengthening IHL is part of the Federal Council’s Foreign Policy Strategy. Switzerland organized two state expert meetings on the protection of medical activities in armed conflicts (November 2020) and, with the ICRC, on the protection of the environment in armed conflicts (January and February 2023). They gathered hundreds of technical experts from more than 120 states, allowed the identification of common challenges in the implementation of IHL and the sharing of good practices.
The Swiss Government adopted the first voluntary report on domestic implementation of IHL on 12 August 2020. It was drafted by the Interdepartmental Committee for IHL. The promotion and update of the report are included in the four-year plan of action accompanying the voluntary report, as well as in the annual plan of action of the Committee.
Switzerland and the Swiss Red Cross co-organized a round table entitled “International Humanitarian Law: What does Switzerland do?” on 18 November 2020 (see the press release). It gathered representatives from the Ministry of foreign affairs, the Ministry of Defence, the Swiss Red Cross and the Swiss parliament. It allowed the promotion of the voluntary report and a broader discussion on contemporary questions on domestic implementation of IHL. Due to the sanitary situation and to allow broader participation, the event was live streamed.
Based on a Swiss initiative, in December 2019 the states parties to the Rome Statute adopted an amendment to the Rome Statute according to which the intentional use of starvation of civilians is considered a war crime in non-international armed conflicts as well. Switzerland ratified this amendment in 2022.
Switzerland promotes and supports the International Humanitarian Fact Finding Commission (IHFFC), both as a High Contracting Party to the Geneva Conventions and Protocol Additional I, and as Secretariat of the IHFFC. For more details, please see Switzerland’s intermediary report on the pledge “Support for the International Humanitarian Fact Finding Commission (IHFFC)”.
Switzerland and the Swiss Red Cross pursue their close and fruitful collaboration.
The Interdepartmental Committee for IHL participated in exchanges with other NCIHL, at the bilateral, regional and universal level. These included discussion with states considering the establishment of such an entity.
The preparation of a voluntary report was included in the annual plan of action of the Swiss Interdepartmental Committee for IHL in 2020. The promotion and the update of the voluntary report appear in subsequent annual action plans.
Switzerland actively took part in the negotiations of the Convention on Mutual Legal Assistance, in May 2023 in Ljubljana, Slovenia.
On 1 June 2023, the Court of Appeal of the Federal Criminal Court has found Alieu Kosiah guilty of violations of the laws of war and crimes against humanity. This is the first time that a conviction for crimes against humanity has been handed down in Switzerland.
The Swiss Armed Forces strengthened the dissemination of IHL, international human rights law and the use of force among their troops, including via new technologies. For example: 1) in 2020, they introduced a serious game, i.e. a new type of E-learning tool which all recruits must complete, as well as a revised leaflet (pocket card), ensuring that the digital training method can be linked to the physically delivered training material (recognition effect); 2) they organize annual two-day subject courses, mandatory for all assigned legal advisors of the Swiss Armed Forces; 3) the IHL Office of the Swiss Armed Forces is systematically integrated into exercises simulations at the large unit level (brigades and above), ensuring that considerations and issues of operational law (IHL, IHRL and Use of Force) are reflected and trained in exercises and simulations; 4) in 2023, the IHL Office organized a practical exercise session on Urban Warfare and IHL on the annual training days for the Training and Education Command, which was mandatory for the commanders of all the training units of the Swiss Armed Forces (ranks Colonel and higher). This intervention not only made it possible to recall the principles of IHL for the leading commanders, but in particular to raise awareness of how IHL can be practically integrated into training and the planning of exercises.
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Has your State/National Society/Institution been working with other partners to implement the commitments contained in this resolution?
YesPartner with:
National Red Cross or Red Crescent Society in your country
Government and/or public authorities
ICRC/IFRC
Other National Red Cross or Red Crescent Societies
Humanitarian and development partners (e.g. UN, NGOs etc.)
AcademiaExamples of cooperation:
The efforts abovementioned included collaboration within the Swiss Government (notably via the Interdepartmental Committee for IHL), with the IFRC (ICRC, Swiss Red Cross and other National Societies), as well as with other Governments (including thanks to the dense network of Permanent Missions based in the International Geneva).
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Have you encountered any challenges in implementing the commitments contained in this resolution?
YesWith challenges on:
Human resourcesDetails about challenges:
Experts working on domestic implementation of IHL do it in parallel to other tasks. Constraints in human resources limit the resources available but not the engagement. Currents events and affairs can lead to a reorganisation of priorities. The Covid pandemics also raised challenges in the organisation of international events.
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Have the commitments contained in this resolution had an impact on the work and direction of your State/National Society/Institution?
YesType of Impact:
Cooperation between Government/public authorities and National Society has been strengthened
Programming and operations have become more effective and efficient
OtherDetails about the impact:
The preparation of the voluntary report enhanced dialogue among the members of the Interdepartmental Committee for IHL, as well as with the Swiss Red Cross. The Committee now possesses a well-developed and shared understanding of good practices and of the main implementation-related challenges that Switzerland faces. On that basis, it has created an action plan setting out specific measures that will strengthen Switzerland’s efforts in relation to IHL.
State expert meetings, events promoting voluntary reports, round tables, as well as bilateral, regional and universal meetings, notably, strengthened collaboration and substantial exchanges with the ICRC, the Swiss Red Cross as well as other Governments, national commissions of IHL and National Societies.
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Have the commitments contained in this resolution had an impact on the communities that your State/National Society/Institution serves?
No
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