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).
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].
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]
On 26 October 2022, the Federal Council adopted the Neutrality Report [4]. The key conclusions:
The Verfassungsblog author analysed: "Switzerland operates within the framework of a 'flexible neutrality' that differs from strictly understood permanent neutrality." [5]
Mark E. Villiger, former judge at the European Court of Human Rights (ECHR), produced a detailed legal analysis of the Neutrality Initiative [6]:
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:
[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