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Updates on Switzerland

31 Dec 2005

Switzerland ratified on 12 October 2001, becoming the 43rd State Party.

The Council of States, the second parliamentary Chamber of Switzerland, unanimously endorsed ratification of the Rome Statute on 22 June 2001. It also adopted a Law on Cooperation with the International Criminal Court as well as a modification of the Penal Code and the Military Penal Code. A second set of laws will be formulated at to later time to address substantive issues, notably those concerning implementation of the Rome Statute.

A central service was to be created under the Federal Office for Justice (Office federal de la justice, OFJ), in order to deal with cooperation with the ICC, such as transfer of individuals, evidence, etc. This office would decide if collaboration was admissible, order the necessary measures and demand a federal authority or canton to execute the request.

Numerous constitutional and substantive criminal law issues were raised during the ratification process in Switzerland. However, the relevant authorities concluded that the compulsory referendum was not necessary under Article 140 (1.b) of the Swiss Constitution and no amendment was needed in regard to Article 25 (1) of the Rome Statute. An interdepartmental working group was set up to study the substantive criminal law issues arising for the domestic implementation of the Rome Statute. A few issues remain with regard to implementation.

On 31 January 2001, the draft ratification bill was adopted by the Foreign Relations Committee of the National Council (one of the two chambers of the Federal Assembly, the Swiss Parliament), following approval by the Federal Council. The National Council passed the ratification bill by a vote of 135 to 26. The draft bill included two bills relating to offences against the enforcement of sentences and cooperation with the ICC.

Previously, on 5 June 2000, the Federal Council authorized the Federal Department of Foreign Affairs to open a consultation procedure within the cantons, the federal courts, the political parties, and interested organizations. The documents submitted for consultation included an explanatory report regarding the Rome Statute and the planned implementing legislation, the draft bill of ratification, the draft bill on cooperation with the ICC, and the draft bill on the modifications of the Penal Code and the Military Penal Code. The public consultation procedure was conducted until 15 September 2000.

National law already provides for broad jurisdiction over war crimes in conferring universal jurisdiction of violations of generally accepted international humanitarian law. Moreover, a bill providing universal jurisdiction was adopted unanimously by the National Council on 8 December 1999.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Switzerland 31 Dec 2005 Switzerland ratified on 12 October 2001, becoming the 43rd State Party. The Council of States, the second parliamentary Chamber of Switzerland, unanimously endorsed ratification of the Rome Statute on 22 June 2001. It also adopted a Law on Cooperation with the International Criminal Court as well as a modification of the Penal Code and the Military Penal Code. A second set of laws will be formulated at to later time to address substantive issues, notably those concerning implementation of the Rome Statute. A central service was to be created under the Federal Office for Justice (Office federal de la justice, OFJ), in order to deal with cooperation with the ICC, such as transfer of individuals, evidence, etc. This office would decide if collaboration was admissible, order the necessary measures and demand a federal authority or canton to execute the request. Numerous constitutional and substantive criminal law issues were raised during the ratification process in Switzerland. However, the relevant authorities concluded that the compulsory referendum was not necessary under Article 140 (1.b) of the Swiss Constitution and no amendment was needed in regard to Article 25 (1) of the Rome Statute. An interdepartmental working group was set up to study the substantive criminal law issues arising for the domestic implementation of the Rome Statute. A few issues remain with regard to implementation. On 31 January 2001, the draft ratification bill was adopted by the Foreign Relations Committee of the National Council (one of the two chambers of the Federal Assembly, the Swiss Parliament), following approval by the Federal Council. The National Council passed the ratification bill by a vote of 135 to 26. The draft bill included two bills relating to offences against the enforcement of sentences and cooperation with the ICC. Previously, on 5 June 2000, the Federal Council authorized the Federal Department of Foreign Affairs to open a consultation procedure within the cantons, the federal courts, the political parties, and interested organizations. The documents submitted for consultation included an explanatory report regarding the Rome Statute and the planned implementing legislation, the draft bill of ratification, the draft bill on cooperation with the ICC, and the draft bill on the modifications of the Penal Code and the Military Penal Code. The public consultation procedure was conducted until 15 September 2000. National law already provides for broad jurisdiction over war crimes in conferring universal jurisdiction of violations of generally accepted international humanitarian law. Moreover, a bill providing universal jurisdiction was adopted unanimously by the National Council on 8 December 1999.