Neutrality
Permanent neutrality is an instrument of Swiss foreign policy. It is a generating source of peace and stability in Europe and beyond. It ensures the country’s independence and the inviolability of its territory. According to the law of neutrality, Switzerland must not participate in a war between states.
Neutrality in the Federal Constitution
The Federal Constitution provides that the Federal Council and the Federal Assembly must take measures to safeguard Switzerland’s neutrality. As the Constitution’s authors intended, neutrality is not designated as a purpose of the Federation or as a foreign policy principle. It is represented as a means to an end.
The law of neutrality and the policy of neutrality
The law of neutrality which was codified in The Hague Conventions of 18 October 1907 and is part of international customary law, defines the rights and obligations of a neutral state. The most important of these rights is the inviolability of a neutral state’s territory. The main obligations are as follows:
- to refrain from participating in wars
- to treat all parties to the conflict equally with regard to the private export of military equipment
- to provide no military support to the parties to the conflict, e.g. prohibition on supplying war-related goods from state-owned stocks or hiring mercenaries
- to not make its territory available to the parties to the conflict
The law of neutrality applies to international conflicts but not to internal conflicts, which the majority of conflicts currently represent. The law of neutrality does not apply to a military operation authorized by the United Nations (UN) Security Council, for the latter is acting under a mandate from the community of states in order to re-establish peace and international security. Nor does the law on neutrality prevent neutral states from supporting such operations.
Policy of neutrality refers to the entirety of the measures that a neutral state undertakes on its own initiative to ensure the predictability and credibility of its permanent neutrality. The implementation of neutrality policy depends on an analysis of the current international environment.
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Contact
FDFA, Directorate of International Law DIL
Kochergasse 10
3003 Bern