Switzerland could break neutrality to support Ukraine
Switzerland is close to breaking with centuries of tradition as a neutral state as pressure mounts on the government to end a ban on exports of Swiss weapons to war zones.
At the moment, buyers of Swiss arms are legally prevented from re-exporting arms.
However, calls from Switzerland's European neighbours to allow such transfers to Kyiv have been increasing and the Swiss parliament's two security committees have recommended that the rules be eased accordingly.
"We want to be neutral, but we are part of the western world," said Thierry Burkart, leader of the centre-right FDP party, who has submitted a motion to the government to allow arms re-exports to countries with similar democratic values to Switzerland.
For context: Under Swiss neutrality rules, which dates back to 1815, Switzerland does not send weapons directly or indirectly to combatants in a war.
Third countries can in theory apply to Bern to re-export Swiss weapons they have in their stocks, but permission is almost always denied.
The bill is already being processed in their parliament for weapon export legislation
It started after the pressure on Helvets and the ammo they were blocking.
Brisante turning point in arms exports: Switzerland should offer a hand for the delivery of ammunition and tanks to Ukraine
The SP has given up its resistance over the weekend: The National Council's Security Commission wants Germany, Denmark and Spain to be allowed to pass weapons from Switzerland to Ukraine.
Daniel Gerny, Erich Aschwanden24.01.2023, 17.15 Uhr
Germany wants to supply Ukraine with ammunition for Gepard anti-aircraft tanks (pictured) from Swiss origin.
For weeks, the pressure on Switzerland to finally agree to the transfer of weapons and ammunition from Swiss origin to Ukraine has been increasing. All states would now have to support Ukraine, NATO Secretary General Jens Stoltenberg told SRF at the WEF in Davos and then specified in the direction of Switzerland: «It is not about neutrality. It's about the right to self-defense."
Such statements and the pictures of the badly destroyed country are now making a rethink: The National Council's Security Policy Commission adopted a motion on Tuesday, the other countries should allow the re-export of armaments from Switzerland in certain cases: namely in conflicts, which are judged by the UN Security Council or by two thirds of the UN General Assembly to be contrary to international law. In the case of the Ukraine war, the General Assembly has already decided accordingly.
The Federal Council must now check whether Switzerland includes corresponding exception clauses in the War Materials Act and can therefore react more flexibly to requests from third countries. The National Council's security policy commission has adopted a motion with 14 to 11 votes. Given that the Commission's move is broad, the political knot on arms exports could be resolved relatively quickly. A parliamentary initiative with a similar thrust is even to be declared urgent and will come into force this year. This only applies to the Ukraine war and would be limited until the end of 2025.
Germany, Denmark and Spain upset
This is to avoid what has repeatedly caused international trouble since the beginning of the war. Several countries have asked Switzerland to agree to the re-export of weapons and ammunition. Germany wants to deliver ammunition for cheetah anti-aircraft tanks, Denmark Piranha tanks and Spain anti-aircraft guns from Swiss origin to Ukraine.
However, the War Materials Act currently stipulates that countries that buy weapons or ammunition in Switzerland must sign a non-re-export declaration. These countries require Switzerland's approval if they want to deliver the goods to Ukraine. The Federal Council should now be able to revoke a non-re-export declaration. At the request of a foreign government in attacks designated by the UN as contrary to international law. In recent weeks, the lack of understanding of the Swiss position and the pressure from the countries concerned have increased.
This change in Swiss foreign policy made it possible to change the mind of the SP, which has already emerged in recent days. At the weekend, SP co-president Cédric Wermuth told Radio SRF that in the light of the current situation, it was necessary to assess what was right in terms of neutrality policy. SP National Councilor Eric Nussbaumer also admitted to a change of opinion: «I hesitated, but now it is clear: the re-export of ammunition and other armaments must be approved for our neighbors in Ukraine as a case."
"Complied that we have to act"
Solothurn SP National Councilor Franziska Roth also supported the motion in the Security Policy Commission. However, she did not like this decision easily. In front of the alternative of a motion by FDP President Thierry Burkart, which would have provided for a far-reaching dilution of the War Materials Act, the SP has agreed to, in the sense of a compromise proposal, a very narrow exception in the War Materials Act for the self-defense of Ukraine against a war of aggression contrary to international law to provide. «For me personally, I came to the conclusion that we have to act like this. We have managed to find a solution that complies with international law and allows us to act, »explains Roth.
In a next step, the National Council must decide on the proposal. But even if the revision could be implemented within a short time, it is open whether it will be used in relation to armaments already delivered. Oliver Diggelmann, professor of international law at the University of Zurich, explains that from a neutrality law perspective, Switzerland should not actively influence the military balance of power in a current war. But that happens if the rules are subsequently changed in favor of a war party. «This is politically unsatisfactory in a war like now in Ukraine, but it depends legally on the neutrality status."
Diggelmann believes that the concept of including the resolutions of the UN Security Council or the General Assembly does not work. This would only be different if the Security Council decided on military or non-military coercive measures. However, this is often not the case because of the right of permanent members to veto, not even in the Ukraine war. In the case of non-legally binding convictions by the General Assembly or Security Council, however, the neutrality obligations remain according to Diggelmann.
Diggelmann is therefore of the opinion that Switzerland must find other ways to show that it is not on the side of the aggressor in this conflict - for example, by being involved in civilian aid to a degree that is militarily bound hands credibly compensate.
Generally question neutrality
Not everyone in the SP also contributes to the explosive change in opinion. Zurich Councilor Daniel Jositsch does not want Switzerland to be indirectly involved in a war. "I don't understand why a law is suddenly supposed to be bad now, with which we wanted to prevent that," he says.
The Zurich representative calls for Switzerland to conduct a fundamental debate instead. «We have to question neutrality. The war in Ukraine shows that one cannot be neutral in such a conflict, »explains Jositsch. «You are only neutral if you are perceived as neutral from the outside, and this is not possible in this war."
The “Switzerland without Army Group” (GsoA) also sharply criticizes the decisions of the National Council Commission: they would not change the fact that the right of neutrality does not allow the non-re-export declaration to be revoked for individual countries, she writes in a media release. The GSoA recognizes the right to self-defense in the event of a war contrary to international law. But she was also convinced that Switzerland's role in this war was not arms exports.
Über das Wochenende hat die SP ihren Widerstand aufgegeben: Die Sicherheitspolitische Kommission des Nationalrats will, dass Deutschland, Dänemark und Spanien Waffen aus der Schweiz an die Ukraine weitergeben dürfen.
www.nzz.ch
I had an article somewhere on the current state of work on it, but I cannot find it right now
