International Criminal Law

Since the amendments to the Swiss Criminal Code (SCC) and the revision of the Swiss Criminal Procedure Code (CrimPC) that entered into force on 1 January 2011, the federal authorities have been solely competent, in times of peace, to prosecute genocide, crimes against humanity, and war crimes. However, the perpetrator must be present on Swiss territory and must not be extradited or surrendered to an international criminal tribunal whose jurisdiction is recognised by Switzerland (Art. 264m SCC). The International Criminal Law field of crime represents a strategic priority for the Office of the Attorney General of Switzerland (OAG).

The principle of universal jurisdiction is a central element of international justice. It enables a state to prosecute those responsible for serious international crimes—such as genocide, crimes against humanity, and war crimes—regardless of where these acts were committed or of the nationality of the perpetrators or victims. Based on the notion that the fight against impunity for international crimes knows no borders, this principle allows the prosecuting authority to initiate proceedings in Switzerland against individuals involved in such crimes, even in the absence of a direct link to the country.

Two key features of international criminal law are, first, the non-applicability of statutory limitations to crimes under this area (Art. 101 para. 1 let. a–c SCC), and second, the principle of universal jurisdiction for crimes committed abroad, even when the perpetrator is not a Swiss national and the offence was not committed against a Swiss citizen (Art. 264m para. 1 SCC).

However, two cumulative conditions must be met for the opening of criminal proceedings: the presence of the perpetrator in Switzerland (at the time the proceedings are initiated) and the absence of extradition (if extradition is not possible under Swiss law) or surrender to an international criminal tribunal whose jurisdiction is recognised by Switzerland.

The facts underlying proceedings in this field typically occur abroad and often date back many years, which frequently complicates investigations. The collection of evidence can be particularly challenging. In many cases, the statements of victims and witnesses are the only elements available to the authorities. Furthermore, the state in which the acts were committed is not always willing to cooperate within the framework of mutual legal assistance, and even when assistance is granted, the length of such proceedings, combined with the scope and complexity of the investigations, makes the prosecutorial work even more demanding.