Appalled by the serious violations of international law committed by the Israeli army in the occupied Palestinian territories, particularly in the Gaza Strip1, and concerned about Switzerland’s passivity, we, the undersigned professors of international law and international criminal law at Swiss universities, remind the Federal Council based on our academic responsibility that Switzerland has obligations under international law that it must comply with. If it fails to do so, it risks international legal responsibility and possible legal proceedings.
In its advisory opinion of 19 July 2024 on the legal consequences of Israel’s occupation policy (Conséquences juridiques découlant des politiques et pratiques d’Israël dans le Territoire palestinien occupé, y compris Jérusalem-Est), the International Court of Justice (ICJ) clarified the nature and content of Israel’s obligations, but also the obligations of all other states, including Switzerland, which are not only erga omnes2 but also omnium. In the Court’s view, the violation of the prohibition of the violent appropriation of territory and the right of self-determination of the Palestinian people, as well as its obligations under international humanitarian law, occupation law and international human rights standards, renders Israel’s presence in the occupied Palestinian territory, including the Gaza Strip, unlawful (§ 261) and entails obligations to end, prevent these violations and to provide redress as a consequence of state responsibility (§§ 262–272).
This violation not only gives all states the right to invoke Israel’s responsibility, but also establishes three obligations for all these states, including Switzerland: the obligation not to recognise the situation as lawful (i), the obligation not to provide any aid or assistance for the maintenance of this situation (ii) and the obligation to cooperate in removing all obstacles to the exercise of the Palestinian people’s right to self-determination (iii) (Article 279). Furthermore, in its decision of 30 April 2024 in the case of Alleged Breaches of Certain International Obligations in Relation to the Occupied Palestinian Territory (Manquements allégués à certaines obligations internationales relativement au Territoire palestinien occupé, Nicaragua v. Germany), the ICJ clarified the content of a fourth obligation of all States Parties to the Convention on the Prevention and Punishment of the Crime of Genocide, including Switzerland (iv): The obligation to prevent genocide under Article 1 requires States Parties that knew or should have known of a serious risk of genocide to use all means at their disposal to prevent genocide as far as possible (para. 23).
In this context, the ICJ reminded states of their international obligations regarding the transfer of weapons to parties of an armed conflict in order to avoid the risk that these weapons might be used to commit violations of the conventions referred to by the ICJ, including the Geneva Conventions (para. 24). In this context, we would like to point out that, more than a year ago, in its decision of 24 May 2024 in the case Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (Application de la convention pour la prévention et la répression du crime de génocide dans la bande de Gaza, Afrique du Sud c. Israël), that there is a real and immediate danger that such harm, namely genocide, will be caused before the Court reaches a final decision (para. 47).
In the following, we draw the legal consequences of this opinion and the decisions for Switzerland’s four obligations under international law after another year of not only unprecedented Israeli violence in the Gaza Strip, but also Switzerland’s inaction on this issue.
As part of its first obligation and in order not to recognise the Israeli occupation as lawful, Switzerland must actively support respect for the inviolability and privileges and immunities of the agency established by the United Nations in 1949 (UNRWA), whose mandate is to provide humanitarian and development assistance to Palestinian refugees, including in the occupied Palestinian territory and the Gaza Strip. It must also continue to finance UNRWA in order to prevent further weakening of this organisation and thus jeopardising the right of return of Palestinian refugees.
As part of its second obligation, Switzerland is required to ensure that Swiss companies under its control refrain from providing any support for the violent appropriation and occupation of Palestinian territory, including in the area of the purchase and sale of arms or other dual-use technologies. As part of its commitment not to support the maintenance of the occupation and the violation of international humanitarian law, Switzerland must also prohibit the import of products from the settlements as Israeli products on its market.
As part of its third obligation, Switzerland is obliged to participate in the joint efforts of the other United Nations member states to create a state as a prerequisite for the self-determination of the Palestinian people, even without Israel’s consent.
Finally, according to the fourth obligation confirmed by the ICJ, Switzerland has a duty to actively enforce Israel’s compliance with the Geneva Conventions, in particular the obligations under the Fourth Convention, in accordance with Article 1 of the four Conventions. This includes targeted sanctions against Israeli civilians who reside in the occupied territory in violation of the prohibition on Israel transferring part of its population to that territory. Its status as depositary of these Conventions further strengthens Switzerland’s obligations, including the obligation to convene a conference of the High Contracting Parties on the situation in the occupied Palestinian territory. Since Israel’s violations also constitute the most serious crimes under international criminal law, including war crimes, crimes against humanity and possibly genocide, Switzerland is also obliged to prevent and punish these crimes.
Authors and first signatories
Samantha Besson, Professor of International Law, University of Fribourg; Member of the Board of the Swiss Association for International Law; Anna Petrig, Professor of International Law and Public Law, University of Basel, Member of the Board of the Swiss Association for International Law; Marco Sassòli, Honorary Professor of International Law, University of Geneva; Member of the Board of the Swiss Association for International Law.
The letter will be presented to the Federal Council on 12 August 2025, the anniversary of the adoption of the Geneva Conventions, and published.
Signatories (as of 11 August 2025)
Samantha Besson, Professor of Public International Law and European Law, University of Fribourg; Anna Petrig, Professor of International Law and Public Law, University of Basel; Marco Sassòli, Honorary Professor of Public International Law, University of Geneva; Helen Keller, Professor of International Law and Public Law, University of Zurich; Anne Saab, Associate Professor of International Law, Geneva Graduate Institute; Giovanni Distefano, Professor of Public International Law, University of Neuchâtel and Academy of International Humanitarian Law and Human Rights (Geneva); Rainer J. Schweizer, Professor Emeritus of Public Law and International Law, University of St. Gallen; Odile Ammann, Associate Professor, Centre for Public Law, University of Lausanne; Evelyne Schmid, Professor of Public International Law, University of Lausanne; Jorge E. Viñuales, Professor at the University of Cambridge, Swiss national; Sophie Weerts, Associate Professor of Public Law, University of Lausanne; Nicolas Levrat, Professor of Public International Law and European Law, University of Geneva; Nadja Capus, Professor of Criminal Law and Criminal Procedure, University of Neuchâtel; Thomas Cottier, Professor Emeritus Professor of European and Economic Public Law, University of Bern; Lucius Caflisch, Honorary Professor of Public International Law, Graduate Institute of International and Development Studies, Geneva; Jörg Künzli, Professor of Constitutional and International Law, University of Bern; Judith Wyttenbach, Professor of Constitutional and International Law, University of Bern; Robert Roth, Honorary Professor of International Criminal Law, University of Geneva; Zachary Douglas, Professor of International Law, Geneva Graduate Institute; Hans Vest, Emeritus Professor of Criminal Law, International Criminal Law and Legal Theory, University of Bern; Daniel Thürer, Professor Emeritus of International Law, University of Zurich; Paola Gaeta, Professor of International Law, Geneva Graduate Institute; Andreas Müller, Professor of European Law, International Law and Human Rights, University of Basel; Pierre-Marie Dupuy, Honorary Professor of Public International Law, Graduate Institute of International and Development Studies, Geneva; Stephan Breitenmoser, Professor Emeritus of European and International Law and Public Law, University of Basel; Ilaria Espa, Associate Professor, USI Lugano; Leena Grover, Professor of Public International Law, University of St. Gallen; Gloria Gaggioli, Professor of Public International Law, University of Geneva; Martina Caroni, Professor of Public Law, International Law and Comparative Law in Public Law, University of Lucerne; Nico Krisch, Professor of International Law, Geneva Graduate Institute; Sévane Garibian, Professor of International Criminal Law, University of Geneva
1 As it does not affect Switzerland‘s obligations under international law in connection with the Israeli occupation of Palestine, this letter does not comment on Hamas’ violations of international law, including the attacks of 7 October 2023
2 erga omnes: An obligation that must be fulfilled by all states. (Editor‘s note)
(Translation Current Concerns)
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