Chapter

Applying the laws of armed conflict in swiss courts

Roberta Arnold

Applying international humanitarian law in judicial and quasi-judicial bodies : international and domestic aspects

The Hague : Asser Press, 2014

p. 317-333

English

Bibliographie : p. 332-333

With the entry into force, on 1st January 2011, of the amended Criminal Code (CC) and Military Criminal Code (MCC), and the new Criminal Procedure Code (CrimPC), which is now uniformly applicable at both federal and cantonal level, Switzerland has equipped itself with more efficient tools for the implementation of the Laws of Armed Conflict (LOAC) and the fight against impunity for their violations. At the same time, the Swiss juridical world has already been acquainted with some cases involving application of the LOAC, having reached its gates. The purpose of this chapter is to map these developments in the Swiss legal landscape as well as mark some landmark cases that have highlighted application of IHL in the Swiss domestic jurisdiction, in particular the “G Case” and the “Niyonteze case”.

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• Applying international humanitarian law in judicial and quasi-judicial bodies : international and domestic aspects / Derek Jinks, Jackson N. Maogoto, Solon Solomon, ed.