Swiss responsibility for the protection of international law in Gaza: Urgent appeal

Dear Federal Councillors

The humanitarian situation in Gaza is catastrophic and continues to escalate. The World Food Programme and UNICEF report a spreading famine. Hundreds of thousands of civilians – especially children – are at acute risk of death from hunger, disease, and a lack of medical care. Israel’s systematic blockade of humanitarian aid, the deliberate destruction of civilian infrastructure, and the mass displacement of the population are standing in stark contrast to international humanitarian law, in particular the Geneva Conventions and their Optional Protocols. Hamas’s armed attack against the Israeli civilian population on October 7, 2023, which is being investigated by the International Criminal Court (ICC) as a crime against humanity, was followed by a dramatic escalation of violence, leading to a dire humanitarian situation in Gaza and the Occupied Palestinian Territory as a whole.
  In its rulings of January 26 and March 28, 2024, the International Court of Justice (ICJ) confirmed that there is a “plausible risk of genocide” in Gaza and that Israel is obligated to prevent it. Israel has so far completely ignored these binding safeguards. Renowned organisations such as the International Committee of the Red Cross (ICRC), Médecins Sans Frontières (MSF), Amnesty International, and Human Rights Watch continue to document serious violations of international humanitarian law in Gaza. The ICRC describes the situation as a “horror” that “calls into question the very foundations of our humanity.” MSF speaks of “ethnic cleansing” and a “mass grave” for Palestinians and aid workers. Amnesty International concludes that Israel is committing genocide in Gaza.
  In recent weeks, Israel’s political and military leadership has openly announced the permanent occupation of the Gaza Strip and the expulsion of large sections of the Palestinian population. Finance Minister Bezalel Smotrich declared that Gaza should be “completely destroyed” and that Palestinians should emigrate to third countries. Communications Minister Shlomo Karhi spoke of a “deportation plan” for the Palestinian population and called for the resettlement of Jewish settlements in Gaza. National Security Minister Itamar Ben-Gvir described the “migration of hundreds of thousands from Gaza” as a “solution” and called for the return of Israeli settlers. These statements reinforce the grave suspicion that the Israeli government is committing genocide against the Palestinians, within the meaning of the Convention on the Prevention and Punishment of the Crime of Genocide (UN Genocide Convention).
  Renowned Israeli jurists and personalities – including Omer Bartov, Michael Sfard, Omer Shatz, Amos Goldberg, Raz Segal, Eitay Mack, Zehava Galon and Ilan Pappé – have publicly stated that the Israeli government is committing acts that bear the hallmarks of genocide and ethnic cleansing.
  As the depositary state of the Geneva Conventions, Switzerland is obligated under Article 1 not only to uphold its norms itself but also to actively promote their enforcement in other states. Furthermore, Article 1 of the Genocide Convention explicitly obligates Switzerland to prevent and punish genocide.
  In the name of compliance with international and human rights obligations, we call on the Federal Council to take the following measures immediately:

1. Diplomatic efforts for a ceasefire.
In accordance with Article 1 of the Geneva Conventions, we call on you to actively and publicly advocate for an immediate ceasefire and the protection of the civilian population in Gaza and the West Bank.

2. Humanitarian access and UNRWA funding.
In accordance with Article 23 of the Fourth Geneva Convention, advocate for unhindered access for humanitarian aid to Gaza and restore full financial support to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

3. Release all Israeli hostages and unlawfully detained Palestinian prisoners.
According to Article 34 of the Fourth Geneva Convention, the taking of hostages is prohibited. We call on you to work for the unconditional release of all civilian hostages. We also demand a decisive commitment to the release of all Palestinian prisoners held without charge, without a fair trial, or in violation of the rule of law.

4. Public legal classification of the situation in Gaza.
According to Article I of the Genocide Convention, Switzerland has a duty to prevent and punish any imminent or actual genocide. We demand an official statement from the Federal Council on the plausibility of genocide in Gaza according to the ICJ definition, which is based on the Genocide Convention.

5. Cooperation with and support of international law enforcement agencies.
According to the Rome Statute and the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), Switzerland is obligated to cooperate with the International Criminal Court (ICC). We demand that Switzerland explicitly commit to supporting the ICC in the prosecution of alleged war crimes, crimes against humanity, and genocide – regardless of the perpetrator – and significantly increase its financial support for the ICC.

6. Suspension of security-relevant exports.
According to Article 22 of the War Materiel, exports shall not be authorised if there is a risk that they will be used to commit serious human rights violations. We demand that all exports of war material, dual-use-goods, and surveillance technology to Israel be suspended as long as there is suspicion of crimes under international law.

7. Condemn calls for illegal relocation or deportation.
Public calls for the expulsion of a population group violate international humanitarian law and the UN Charter. We demand a clear and explicit condemnation of statements by Israeli government officials that violate international law.

8. Support and development of economic measures to protect international law.
According to the ICJ Advisory Opinion of July 19, 2024, declaring the Israeli occupation illegal, and its national legislation, Switzerland is obliged to take measures to ensure compliance with international law. The Federal Council should ensure that Switzerland does not contribute to maintaining the illegal occupation of the Palestinian Territories through trade, investment, or other economic relations, where necessary in coordination with the EU.

9. Commitment to a political solution based on international law.
The declared goal of Swiss Middle East policy is a two-state solution. Switzerland should work for a solution that respects human rights, lifts the blockade of the Gaza Strip, eliminates illegal settlements, respects the right of return, and guarantees fundamentally equal rights for Palestinians and Israelis. Particular attention is paid to the elimination of Israeli structures that, according to the ICJ and other UN bodies, violate the international law prohibiting apartheid.

10. Commitment to preventive international law policy.
According to Article 1 of the Geneva Conventions, Switzerland must do everything in its power to prevent violations of international law. We call for a review of Switzerland’s entire Middle East policy with regard to its coherence with human rights and international law, as well as public accountability for this policy.
  The Federal Council’s continued inaction in the face of documented, serious crimes not only undermines the credibility of the international legal order. With its silence, it also risks Switzerland bearing shared responsibility under international law for its failure to prevent genocide.

We thank you for your attention and look forward to a public statement and concrete implementation steps in accordance with your responsibility under international law.

With concerned greetings

Guy Bollag, Jewish Voice for Democracy and Justice in Israel/Palestine JVJP
Alexandra Karle, Amnesty International Switzerland
Stephan Stadler, Swiss Humanity Initiative
Seraina Soldner, Palestine Solidarity Switzerland

Initial signatory organisations:

Jewish Voice for Democracy and Justice in Israel/Palestine (JVJP); Swiss Humanity Initiative; Amnesty International Switzerland; Palestine Solidarity Switzerland; Forum for Human Rights in Israel/Palestine; medico international schweiz; Médecins du monde Suisse; Swiss Peace Council; Ina Autra Senda – Swiss Friends of Combatants for Peace; Frieda – the feminist peace organization; Justice and Peace in Palestine; Group for a Switzerland without an Army; Campa; Swiss-Palestine Society; Reformed Churches of Bern-Jura-Solothurn; Focus World

First signatories private individuals*

Maria Ackermann, SFR board member; Gülsha Adilji, presenter and author; Michal Amir; Reuven Bar-Ephraim, rabbi; Jean Bauer, doctor; Christine Beerli, former member of the Council of States; Shelley Berlowitz, historian; Professor Dr h. c. Paolo Bernasconi, lawyer; Professor Karl Blanchet; Dr Jevgeniy Bluwstein; Guy Bollag, JVJP; Nikki Böhler, founder; Oliver Braunschweig, economist; Professor em. Dr Pierre Bühler; Micheline Calmy-Rey, former member of the Federal Council; Professor Vincent Chetail; Deborah Cohen; Sami Daher, restaurateur; Shirine Dajjani, peace activist; Anais Decasper, comedian; Georg Dillier, musician; Professor Dr Monika Dommann; Ruth Dreifuss, former Federal Councillor; Felicia Dutray, doctor; Roberto Ecclesia, artist; Professor Dr Florian Egli; Dr Babak Fargahi; Dr med. Gregory Fretz; Thierry Gnahoré, artist; Professor Dr Gudela Grote; Amos Hintermann, Islamic scholar; Dr Martina Hodel; Lea Hungerbühler, lawyer; Professor Dr Ghazoul Jaboury; Professor Dr Johanna Jacobi; Dr Rohit Jain; Renato Kaiser, satirist; Professor Dr Julian Kölbel; Professor Georg Kreis; Dr Josef Lang, historian; Annina Maria Largo, Co-Managing Director; Professor Dr Stefan Leins; Professor Dr Nicolas Levrat; Dr Paola De Martin; Liliane Maury Pasquier, Honorary President of the Parliamentary Assembly of the Council of Europe; Dr med. Nilufar Mohebbi; Michael Moller, former Director-General of the United Nations Office at Geneva; Corinne Momal, Executive Director; Stephanie Motz, lawyer; Pablo Nouvelle, musician; Maya Ober; Dr med. Josiane Pralong, physician; Dr Adina Rom; Dr phil. Samuel Rom; Anna Rossinelli, musician; Samir, filmmaker; Ivo Scherrer, strategy consultant; Professor Dr Aline Schlaepfer; Miriam Victory Spiegel; Professor Dr Ueli Staeger; Dr Jenö C.A. Staehelin, former ambassador; Dr Thomas Steiger; Seraina Soldner, Co-Executive Director; Dr Sabrina Stallone; Philip Stolkin, lawyer; Lara Stoll, artist; Professor Dr Marcel Tanner; Professor Dr Elizabeth Tilley; Professor em. Dr Margrit Tröhler; Marianne Verny, physician; Andreas Vollenweider, musician; Professor Roy Wagner; Dr Christian Walti, pastor; Fanny de Weck, lawyer; Joseph de Weck, publicist; Jochi Weil, peace activist; Ruedi Winkler; Anja Zeidler, entrepreneur; Dr iur. Salome Zimmermann, former judge at the Federal Administrative Court; Ferdinanda Pini Züger

* All signatories to this letter are acting in their private capacity.

Source: https://www.amnesty.ch/de/laender/europa-zentralasien/schweiz/dok/2025/dringender-appell-schweizer-verantwortung-fuer-den-schutz-des-voelkerrechts-in-gaza/sign_offener-brief-an-den-bundesrat-zu-gaza.pdf