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.
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]:
Switzerland ratified both conventions and incorporated them into the Classified Compilation of Federal Legislation (SR).
| 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] |
The neutral state may not participate directly in the armed conflict with its own armed forces or military means [1][2].
If the neutral state restricts or permits private trade in war materiel, it must apply this regulation equally to all conflict parties [1].
The neutral state must ensure the integrity of its territory and may not supply war materiel from state-owned stocks to conflict parties [1].
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.
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].
The prohibition of the use of force in the UN Charter constitutes peremptory international law (ius cogens). This entails [3]:
The question of whether economic sanctions fall under this duty to cooperate is disputed among international law scholars.
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]
[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