¶ Neutrality in the Federal Constitution

Summary: Neutrality is not enshrined in the current Federal Constitution as an independent principle but appears as a "task" of the Federal Assembly and the Federal Council. It is absent from the section on foreign affairs (Art. 54 FC). This is precisely what the Neutrality Initiative seeks to change with a new Art. 54a. Central to this is the distinction between the law of neutrality (international law, rigid) and neutrality policy (domestic policy, flexible).

¶ 1. Current Anchoring in the Federal Constitution

Neutrality is mentioned in the Federal Constitution (FC) in two places [1]:

Art. 173 para. 1 let. a FC -- Federal Assembly:

The Federal Assembly shall take measures to safeguard external security, independence and neutrality of Switzerland.

Art. 185 para. 1 FC -- Federal Council:

The Federal Council shall take measures to safeguard external security, independence and neutrality of Switzerland.

Notably, neutrality appears as a task (alongside security and independence), not as an independent constitutional principle. In the section "Foreign Affairs" (Art. 54 FC), it is entirely absent [1].

¶ 2. Law of Neutrality vs. Neutrality Policy

Swiss neutrality encompasses two fundamentally different dimensions that are frequently conflated [2][3]:

Characteristic	Law of Neutrality	Neutrality Policy
Legal source	International law (Hague Conventions 1907)	Swiss domestic policy
Scope	Only during international armed conflicts	Also in peacetime
Flexibility	Rigid, binding under international law	Flexible, adaptable to circumstances
Content	Duty of abstention, equal treatment, prevention duty	Measures to ensure credibility
Example	Prohibition of troop deployment	Decision on adoption of sanctions

The FDFA states in its official brochure: "Neutrality policy, unlike the law of neutrality, is not prescribed by international law but is an expression of Switzerland's sovereign decision." [2]

¶ 3. The Neutrality Report 2022

On 26 October 2022, the Federal Council adopted the Neutrality Report [4]. The key conclusions:

The neutrality policy as defined since the 1993 Neutrality Report retains its validity.
The adoption of EU sanctions against Russia is compatible with the neutrality policy.
Switzerland remains neutral as it does not participate militarily in the conflict.
Economic sanctions do not constitute a violation of the law of neutrality (debate among international law scholars).

The Verfassungsblog author analysed: "Switzerland operates within the framework of a 'flexible neutrality' that differs from strictly understood permanent neutrality." [5]

¶ 4. Legal Scholarship Debate

Mark E. Villiger, former judge at the European Court of Human Rights (ECHR), produced a detailed legal analysis of the Neutrality Initiative [6]:

The current FC formulation as a "task" gives the Federal Council and Parliament considerable room for manoeuvre.
The initiative would create an independent constitutional principle that restricts this room for manoeuvre.
The attribute "permanent" precludes any situational adaptation.
The sanctions ban goes beyond the existing law of neutrality.

¶ 5. What the Initiative Seeks to Change

The initiative aims to elevate neutrality from executive discretion to a constitutional principle with a new Art. 54a FC. For a detailed analysis of the initiative text and its four pillars, see:

¶ References

[1] Swiss Federal Constitution (FC), SR 101.
Classified Compilation of Federal Legislation. [Open Access]

[2] FDFA (2024). Switzerland's Neutrality.
Federal Department of Foreign Affairs. [Open Access]

[3] FDFA (n.d.). Switzerland's Neutrality (PDF brochure).
Federal Department of Foreign Affairs. [Open Access]

[4] swissinfo.ch (2022). Neutrality Report 2022 (full text, PDF).
Federal Council, 26 October 2022. [Open Access]

[5] Verfassungsblog (2022). Flexible Neutrality.
Verfassungsblog.de. [Open Access]

[6] Villiger, M. E. (2022). Anchoring Swiss Neutrality in Domestic Law.
EIZ Publishing / unser-recht.ch. [Open Access]

Last updated: March 2026