¶ Hague Conventions and International Law
Summary: The law of neutrality is based on the Fifth and Thirteenth Hague Conventions of 1907 and defines the rights and obligations of neutral states in armed conflicts. These international legal foundations are considered customary law and are supplemented by the UN Charter. The Neutrality Initiative seeks to enshrine these principles at the constitutional level and extend them with a sanctions ban.
¶ 1. The Hague Peace Conferences 1907
At the Second Hague Peace Conference from 15 June to 18 October 1907, the rights and obligations of neutral states were comprehensively codified for the first time [1]:
- Fifth Hague Convention (SR 0.515.21): Rights and obligations of neutral powers and persons in the case of land warfare [1]
- Thirteenth Hague Convention: Rights and obligations of neutrals in the case of naval warfare
Switzerland ratified both conventions and incorporated them into the Classified Compilation of Federal Legislation (SR).
¶ 2. Rights of the Neutral State
| Right | Content | Source |
|---|---|---|
| Inviolability of state territory | Attacks on neutral territory are prohibited; no use of land, sea or airspace by conflict parties | Fifth Hague Convention, Art. 1-2 [1] |
| Economic relations | Right to maintain private economic relations in the non-military sphere | Fifth Hague Convention [1] |
| Internment | Right to intern foreign combatants on own territory | Fifth Hague Convention, Art. 11 [1] |
¶ 3. Obligations of the Neutral State
¶ 3.1 Duty of Abstention
The neutral state may not participate directly in the armed conflict with its own armed forces or military means [1][2].
¶ 3.2 Duty of Equal Treatment
If the neutral state restricts or permits private trade in war materiel, it must apply this regulation equally to all conflict parties [1].
¶ 3.3 Duty of Prevention
The neutral state must ensure the integrity of its territory and may not supply war materiel from state-owned stocks to conflict parties [1].
¶ 4. Customary International Law
The provisions of the Hague Convention on Land Warfare are today generally regarded as customary international law. This means they also apply to states that have not ratified the conventions [2][3].
For Switzerland, this means a dual obligation: contractual (as a party to the conventions) and customary.
¶ 5. UN Charter and Ius Cogens
¶ 5.1 Primacy of the UN Charter (1945)
Coercive measures by the UN Security Council under Chapter VII of the UN Charter bind all member states, including permanently neutral states. UN sanctions take precedence over conflicting obligations under international law [2][3].
The Neutrality Initiative takes this into account: Art. 54a para. 3 explicitly exempts UN obligations from the sanctions ban [4].
¶ 5.2 Ius Cogens -- Peremptory Norms of International Law
The prohibition of the use of force in the UN Charter constitutes peremptory international law (ius cogens). This entails [3]:
- A duty to cooperate in ending serious violations of international law
- A prohibition on supporting situations contrary to international law (e.g. annexations)
- A prohibition on recognising results of unlawful use of force
The question of whether economic sanctions fall under this duty to cooperate is disputed among international law scholars.
¶ 6. Neutrality: Permanent, Self-chosen, Armed
Swiss neutrality is defined by three characteristics [5]:
| Characteristic | Meaning |
|---|---|
| Permanent | Switzerland is neutral even in peacetime, not only upon outbreak of a conflict |
| Self-chosen | Neutrality is not an imposed status but a sovereign decision |
| Armed | Switzerland maintains its own army for defence (as opposed to "disarmed" neutrality) |
The Neutrality Initiative seeks to enshrine all three characteristics in Art. 54a para. 1 FC: "Switzerland is neutral. Its neutrality is permanent and armed." [4]
¶ References
[1] Fedlex (1907). Fifth Hague Convention (SR 0.515.21).
Classified Compilation of Federal Legislation. [Open Access]
[2] CSS ETH Zurich (n.d.). Neutrality Brochure (full text).
Center for Security Studies, ETH Zurich. [Open Access]
[3] DeFacto (2025). International Legal Framework of Swiss Neutrality.
DeFacto -- Expert Network. [Open Access]
[4] Federal Chancellery (2024). Federal Popular Initiative "Safeguarding Swiss Neutrality".
Swiss Federal Chancellery. [Open Access]
[5] FDFA (2024). Switzerland's Neutrality.
Federal Department of Foreign Affairs. [Open Access]
Last updated: March 2026