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Switzerland
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
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Convention on Cluster Munitions status |
State Party |
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National implementing legislation |
Federal Act on War Material (2013 amendment) |
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Stockpile destruction |
Transferred the stockpile to Germany and Norway, where destruction began in December 2013 |
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Participation in Convention on Cluster Munitions meetings |
Attended Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014 |
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Key developments |
Provided updated annual transparency report in April 2014 |
Policy
The Swiss Confederation signed the Convention on Cluster Munitions on 3 December 2008, ratified on 17 July 2012, and the convention entered into force for the country on 1 January 2013.
Switzerland’s 1996 Federal Law on War Material was amended on 1 February 2013 to provide for penal sanctions and fines to enforce the provisions of the Convention on Cluster Munitions.[1] Switzerland has also declared that the Criminal Procedure Code was also amended in line with the Federal Act on War Material in 2013. Further to these legal measures, the Chief of the Armed Forces issued a directive effective 1 June 2013 “that regulates and adapts military instruction of artillery, as well as the technical amendments to artillery systems and simulators.”[2]
Switzerland submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 30 June 2013 and provided an updated annual report on 30 April 2014.[3]
Switzerland was among the first countries to propose international action on cluster munitions. During the Oslo Process that produced the convention, Switzerland’s position shifted to fully endorse the comprehensive prohibition of cluster munitions.[4]
Switzerland has continued to actively engage in the work of the Convention on Cluster Munitions since 2008. It has participated in every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, where it made several statements, including international cooperation and assistance, clearance, and stockpile destruction. Switzerland has attended all of the convention’s intersessional meetings in Geneva including those held in April 2014, where it made a number of statements including on stockpile destruction and international cooperation and assistance.
In September 2013, Switzerland was made co-coordinator of the convention’s work on clearance and risk education together with Lao PDR.
In September 2013, Switzerland told States Parties that “it is clear that the universalisation is one of the major challenges of this convention, for which we need to remain fully and steadily engaged.” It noted that “The credibility of the Convention depends, among others, on the universalisation, but also on the concrete implementation, which will lead to positive changes in the life of the affected populations.”[5]
Switzerland was one of the first states to acknowledge and respond to reports of cluster munition use in Syria in October 2012, with a national statement and an intervention at the UN General Assembly (UNGA) First Committee on Disarmament and International Security.[6] In September 2013, Switzerland expressed its regret that “cluster munitions are still used in conflict settings” and said that “recent conflicts show, especially in Syria: the victims of cluster munitions are in dire need of our full support.”[7] At the UNGA First Committee on Disarmament and International Security in October 2013, its representative stated that “Switzerland is deeply concerned about the use of cluster munitions and antipersonnel landmines in Syria” and said “it is essential that all parties to the conflict abide by their obligations under international law.”[8] Switzerland has voted in favor of recent UNGA resolutions condemning the Syrian government’s use of cluster munitions, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[9]
Switzerland is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
During the Dublin negotiations of the ban convention, Switzerland chaired challenging informal sessions on “interoperability” (joint military operations with states not party) that resulted in Article 21, a provision that the CMC has criticized as the worst element of the convention.[10]
In an October 2010 explanatory report on the convention, the Federal Department of Foreign Affairs noted that the concepts of assistance or encouragement that are contained in the Convention on Cluster Munitions are not defined in Swiss law or other international law. On the prohibition on assistance with prohibited acts in joint military operations, the report stated the Federal Council’s view that, under the convention, Switzerland cannot ask its allies to use cluster munitions in the framework of joint military operations, provided that the choice of munitions used is under its exclusive control.[11]
Switzerland’s 2013 amendment to the Federal Law on War Material prohibits the direct financing of the development, manufacture, or acquisition of cluster munitions.[12] The indirect financing of these activities is also prohibited, but with a clause stipulating “if the intention is to bypass the prohibition on direct financing.”[13] NGOs PAX (formerly IKV Pax Christi) and FairFin have expressed concern that the wording of the amendment prohibiting indirect investment would “constitute a major exception to the prohibition” and noted that the amendments did not set criteria to identify which companies are involved in the development, manufacturing, or acquisition of cluster munitions.[14]
In 2011, Credit Suisse announced the enactment of a policy that excludes companies producing cluster munitions and mines from its credit, investment banking, and asset management activities.[15]
In their updated 2013 report on worldwide investment in cluster munitions, IKV Pax Christi (PAX) and FairFin listed several Swiss financial institutions that they identified as investing in cluster munitions producers.[16] According to the report, Swiss financial institution Vontobel has enacted guidelines on investment in cluster munitions producers.[17]
In February 2013, the Swiss bank UBS announced that further to the entry into force of Switzerland’s implementation legislation for the Convention on Cluster Munitions, it had decided that it “will not provide credit facilities, capital market transactions as well as buying and holding equity and/or bonds (including derivatives) of companies that are involved in the development, production or purchase of these controversial weapons.”[18]
Use, production, and transfer
Switzerland has never used or exported cluster munitions.[19] The Article 7 reports declare that the “Swiss Armed Forces have never fired cluster munitions in Switzerland, also not for training purposes.”[20]
Switzerland imported cluster munitions from Israel and the United Kingdom.[21]
Under the status and progress of programs for the conversion or decommissioning of production facilities, Switzerland’s initial Article 7 report stated that “Switzerland never had production facilities of cluster munitions as such. As indicated during the ratification process, according to a license agreement with the manufacturer, the munitions were purchased abroad and enterprises based in Switzerland (nowadays RUAG Munitions), after adding specific features to increase the reliability of the ammunitions, reassembled them exclusively for the Swiss Armed Forces.”[22]
Initially, in 2007, Switzerland stated that it “stopped the production of cluster munitions in 2003.”[23] However, in 2009 Switzerland issued the clarification later provided in the Article 7 report that it “did never per se produce cluster munitions” because “according to a license agreement with the manufacturer, the munitions were purchased abroad and enterprises based in Switzerland, after adding specific features to increase the reliability of the ammunitions, reassembled them (exclusively for the Swiss Armed Forces).” According to the clarification, “This process ended in the last quarter of 2004. Since then, no further treatment or assembly of cluster munitions has taken place in Switzerland.”[24]
In 2012, Switzerland informed States Parties that the 120mm and 155mm cluster munition projectiles containing M85 self-destructing submunitions were purchased during arms procurement programs in 1988, 1991, 1993, and 1999.[25] Swiss military officials previously informed Human Rights Watch (HRW) that 155mm artillery projectiles and 120mm mortar bombs with M85-type[26] submunitions were imported from Israel Military Industries and Swiss firms then modified (“Helveticized”) the submunitions’ safeguards and reassembled the weapons.[27]
Switzerland purchased DM702 SMArt-155 sensor-fuzed weapons from Germany as part of its 2001 Armament Program.[28] The SMArt 155 artillery round contains two submunitions, but it is not considered a cluster munition under the Convention on Cluster Munitions because it meets the five technical criteria set out by negotiators as necessary to avoid the negative effects of cluster munitions.[29]
Stockpiling
Switzerland once stockpiled a total of 205,894 cluster munitions and 12,203,035 submunitions.
In the initial Article 7 report, Switzerland declared a stockpile comprised of 201,895 cluster munitions and 11,615,282 submunitions, as shown in the following table. Four types of projectiles (projectiles cargos pour l’artillerie à tube) are stockpiled and all possess modified M85-type self-destructing submunitions used with the 155mm M-109 and M-109 Kawest self-propelled howitzers, 155mm Bison fortress cannons, and 120mm fortress mortars.[30] Switzerland has confirmed that the cluster munitions have been separated from stocks of operational weapons and “there is no possibility anymore for the troops of the Armed Forces to engage cluster munitions.”[31]
Switzerland has also formally declared that 3,999 cluster bombs (Fliegerbombe 79) and 587,853 BL755 Mk1 submunitions held by the Swiss Air Force were destroyed between 1997 and 2000.[32]
Cluster munition stockpiled by Switzerland (as of June 2013)[33]
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Type |
Quantity of cluster munitions |
Quantity of submunitions |
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155mm KaG-88, each containing 63 submunitions |
118,303 |
7,453,089 |
|
155mm KaG-90, each containing 49 submunitions |
14,981 |
1,258,404 |
|
155mm KaG-88/99, each containing 84 submunitions |
41,661 |
2,041,389 |
|
120mm MP-98, each containing 32 submunitions |
26,950 |
862,400 |
|
Total |
201,895 |
11,615,282 |
Stockpile destruction
Under Article 3 of the Convention on Cluster Munitions, Switzerland is required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 January 2021.
In April 2014, Switzerland reported that physical destruction of the stockpile began in December 2013 and the plan is to complete the destruction process in 2018.[34] It declared the destruction of 684 155mm KaG-88 cluster munitions and 43,092 submunitions as of 31 December 2013.[35]
In July 2013, the Federal Department of Defence, Civil Protection and Sport and Armasuisse, the government’s arms procurement agency, announced that Switzerland’s stockpile destruction contract had been awarded to Nammo Buck GmbH and the cluster munitions would be transferred to Germany for destruction at the company’s facilities in Pinnow. In April 2014, Switzerland listed Nammo NAD AS in Norway as a partner in the stockpile destruction process.[36]
According to the 2014 Article 7 report, the 122mm cargo projectiles are being destroyed by Nammo NAD AS in Norway, while “all models” of the 155mm cargo projectiles are being destroyed by Nammo Buck GmbH in Germany.[37] The 122mm cargo projectiles are being destroyed by controlled closed underground detonation, while destruction of the 155mm cargo projectiles involves the removal of the ejection charge, separation of submunitions, and destruction of the metal parts, pyrotechnics, and explosives.[38]
In 2013, Switzerland announced that a total of CHF40 million had been allocated for the stockpile destruction.[39] Previously, in 2012, it estimated the total cost of destruction at CHF25–35 million (€20–29 million).[40]
Retention
The amendments to the Law on War Material allow for the retention of cluster munitions for training and research purposes, but state that the number retained should not exceed that absolutely necessary for these purposes.[41]
In its initial Article 7 report, Switzerland declared the retention of 138 cluster munitions and 7,346 submunitions, as shown in the following table.
Cluster munitions retained by Switzerland (as of April 2014)[42]
|
Type |
Quantity of cluster munitions |
Quantity of submunitions |
|
155mm KaG-88 |
26 |
1,638 |
|
155mm KaG-90 |
76 |
3,724 |
|
155mm KaG-88/99 |
16 |
1,344 |
|
120mm MP-98 |
20 |
640 |
|
Total |
138 |
7,346 |
None of these cluster munitions were consumed in training or research during 2013.[43]
Switzerland has listed the planned uses for the retained cluster munitions as: “Development of and training in cluster munition and explosive submunition detection, clearance or destruction techniques (by the Swiss EOD [explosive ordnance disposal] Centre); development of cluster munition counter-measures.” It emphasized that “the numbers [of retained cluster munitions provided in the report] refer to the *planned* retention of cluster munitions and submunitions.”[44]
[1] Penal sanctions for violations of the convention of up to 10 years imprisonment and/or a fine for intentional violations and up to one year and/or a fine for negligence. “Loi fédérale sur le matériel de guerre (LFMG). Modification du 16 mars 2012” (“Federal Law on War Material (LFMG). Amendment of 16 March 2012”), 16 March 2012. The amendments to the Federal Law on War Material prohibit the development, manufacture, purchase, acquisition, transfer, import, export, transport, and stockpiling or possession in any other manner of cluster munitions, and also the assistance or encouragement of any of the above acts.
[2] Convention on Cluster Munitions Article 7 Reports, Form A, 30 April 2014, and 30 June 2013.
[3] The period covered by the 2014 report is calendar year 2013, while the initial report covers various time periods, with this explanation: “Certain information (e.g. projects in the context of international cooperation and assistance) refers to a limited time period, such as the previous calendar year, while other initial information is not fixed to a specific time frame. Please note the indications on the respective forms.”
[4] For more details on Switzerland’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 165–169.
[5] Statement of Switzerland, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.
[6] Federal Department of Foreign Affairs press release, “Switzerland condemns the use of cluster munitions by Syrian government forces in the strongest possible terms,” 24 October 2012; and statement of Switzerland, UNGA First Committee on Disarmament and International Security, New York, 24 October 2012. Notes by Human Rights Watch (HRW).
[7] Statement of Switzerland, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.
[8] Statement of Switzerland, UNGA First Committee on Disarmament and International Security, New York, 7 October 2013.
[9] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Switzerland voted in favor of a similar resolution on 15 May 2013.
[10] A United States (US) Department of State cable dated 20 May 2008, released by Wikileaks on 1 September 2011, shows how US officials discussed interoperability concerns with Swiss Amb. Christine Schraner Burgener, who served as Friend of the President of the Dublin Diplomatic Conference on Cluster Munitions. See “Oslo Process: PM/WRA consultations with Amb. Schraner – ‘Friend of the Chair’ for interoperability,” US Department of State cable 08BERN238 dated 20 May 2008, released by Wikileaks on 1 September 2011. The US subsequently thanked Switzerland for its work in securing the ban convention’s interoperability provisions (Article 21). See “Convention on Cluster Munitions and interoperability,” US Department of State cable 08BERN618 dated 3 December 2008, released by Wikileaks on 1 September 2011. Swiss officials note that Article 21 helped to secure support from major stockpilers for the adoption of the Convention on Cluster Munitions “and thereby that article contributed substantively to the establishment of the convention.” They also emphasized that Amb. Schraner regularly consulted with representatives of the CMC during the negotiation of Article 21. Email from François Garraux, Policy and Military Advisor Arms Control and Disarmament, Federal Department of Defence, Civil Protection and Sport to Mary Wareham, HRW, 11 July 2012.
[11] Federal Department of Foreign Affairs, “Ratification de la Convention du 30 mai 2008 sur les armes à sous-munitions et modification de la loi du 13 décembre 1996 sur la matériel de guerre: Rapport explicatif (projet) pour la procédure de consultation” (“Ratification of the Convention of 30 May 2008 on Cluster Munitions and the Amendment of the Law of 13 December 1996 on War Materials, Explanatory Report (Draft) for the Procedure on Consultation”), October 2010, Section 6.2.
[12] A prison sentence of up to five years and/or a fine. Article 35(b)(3), however, contains another qualifier that “If the offender only accommodates the possible violation of the prohibition of funding provided under Art. 8b and 8c, he will not be punishable under the provisions.” Article 8(b)(2) states: “For the purposes of this Act [the] following acts are considered as direct financing: the direct extension of credits, loans and donations or comparable financial benefits to cover the costs of or to promote the development, manufacturing or the acquisition of prohibited war materiel.” According to NGOs IKV Pax Christi and FairFin, “Art. 35b addresses the problem of unintended investment: if an investor did not know he was investing in prohibited war materiel, he will not be pursued. However, it is unclear whether this refers to e.g. investments in funds that follow an index or to other forms of investments as well.” IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” June 2012, p. 137. Translation by FairFin.
[13] Article 8(c) states: “It is prohibited to finance indirectly the development, manufacturing or acquisition of forbidden war materiel if the intention is to bypass the prohibition on direct financing. For the purposes of this Act [the] following acts are considered as indirect financing: a. the participation in companies that develop, manufacture or acquire forbidden war materiel [and] b. the purchase of bonds or other investments products issued by such companies.” Translation by FairFin. See also IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” June 2012, pp. 136–137. The amendments on disinvestment came about after HI Switzerland and others warned that the proposed legislation would fail to completely prohibit investment. HI Switzerland viewed the draft provisions on indirect financing as likely unworkable in practice as it would be impossible to prove that any financial assistance had been undertaken with the purpose of bypassing the prohibition on direct financing.
[14] IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” December 2013, pp. 20–22.
[15] Stop Explosive Investments press release, “New Credit Suisse policy furthers Swiss disinvestment in cluster bombs,” 3 February 2011. According to Stop Explosive Investments, “the Credit Suisse policy is much stronger than a similar policy issued in May 2010 by another large Swiss bank, UBS” and “The UBS policy only encompasses asset management and does not cover the bank’s credit and investment banking activities, which campaigners say is a major loophole.”
[16] IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” June 2012, pp. 57, 82, and 109. The report lists UBS as holding investments in Lockheed Martin, Hanwha Corporation, Poongsan Corporation, and Textron while it lists Credit Suisse as holding investments in Singapore Technologies, all companies known to produce cluster munitions.
[17] IKV Pax Christi and FairFin, “Worldwide investments in Cluster Munitions: a shared responsibility,” December 2013, p. 122.
[18] UBS press release, “UBS amends its policies pertaining to controversial weapons,” 28 February 2013.
[19] Letter from Micheline Calmy-Rey, Minister of Foreign Affairs, 5 March 2009; and statement by Amb. Christine Schraner Burgener, Oslo Conference on Cluster Munitions, 22 February 2007.
[20] Convention on Cluster Munitions Article 7 Reports, Form F, 30 April 2014, and 30 June 2013.
[21] Statement of Switzerland, Berlin Conference on the Destruction of Cluster Munitions, 25 June 2009; and Convention on Cluster Munitions initial Article 7 Report, Form E, 30 June 2013.
[22] Convention on Cluster Munitions initial Article 7 Report, Form E, 30 June 2013.
[23] Statement by Amb. Christine Schraner Burgener, Oslo Conference on Cluster Munitions, 22 February 2007.
[24] Letter from Micheline Calmy-Rey, Minister of Foreign Affairs, 5 March 2009. Most observers would judge that the activities engaged in constitute “production,” that is, modifying the original manufacturer’s product for improved performance in combat, then re-loading, re-assembling, and re-packaging the projectiles into a condition suitable for storage.
[25] Statement by Amb. Urs Schmid, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 13 September 2012.
[26] The mortar bombs contain M87 submunitions, which are dimensionally different than the M85, though they possess the same self-destructing fuze type. See Israel Military Industries Ltd, “The Cargo Bomb,” undated.
[27] Interviews with members of the Swiss delegation, CCW Group of Governmental Experts on Cluster Munitions, Geneva, 16–20 February 2009. These weapons were also on display at the International Workshop on Preventive Technical Measures for Munitions in Thun in May 2004, which HRW attended, and representatives offered this same explanation.
[28] Federal Department of Defence, Civil Protection and Sport, “Armament Programs 2003−1990,” undated. See also Rheinmetall DeTec AG, “SMArt 155—Proven Reliability and Accuracy,” June 2005.
[29] Article 2.2(c) excludes munitions with submunitions if they have less than 10 submunitions, and each submunition weighs more than four kilograms, can detect and engage a single target object, and is equipped with electronic self-destruction and self-deactivation features.
[30] They were part of different arms procurement programs (1988, 1991, 1993, and 1999), hence the numbers behind the abbreviation “KaG,” which stands for the German term Kanistergeschoss. Email from François Garraux, Policy and Military Advisor, Arms Control and Disarmament Policy, Federal Department of Defence, Civil Protection and Sport, 23 August 2011.
[31] Convention on Cluster Munitions Article 7 Reports, Form B, 30 April 2014, and 30 June 2013.
[32] Convention on Cluster Munitions initial Article 7 Reports, Form B, 30 April 2014, and 30 June 2013; and email from François Garraux, Federal Department of Defence, Civil Protection and Sport, 23 August 2011.
[33] Some of these cluster munitions have since been destroyed. Convention on Cluster Munitions initial Article 7 Report, Form B, 30 June 2013.
[34] Convention on Cluster Munitions Article 7 Reports, Form B, 30 April 2014. In July 2013, Switzerland announced that the stockpile will be destroyed by the end of 2017. See also Swiss Confederation statement, “Entsorgung der Streumunitionsbestände” (“Elimination of stockpiled cluster munitions”), 11 July 2013.
[35] The Article 7 report reports the destroyed cluster munitions, but the report’s total number of stockpiled cluster munitions was not amended downwards to reflect the cluster munitions destroyed in 2013. Convention on Cluster Munitions Article 7 Report, Form B, 30 April 2014. A Swiss official confirmed this reading of the Article 7 report. Switzerland. Email from François Garraux, Policy and Military Advisor, Federal Department of Defence of Switzerland, 24 July 2014.
[36] Statement of Switzerland, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014.
[37] See section on “Applicable safety and environmental standards observed in destruction” in Convention on Cluster Munitions Article 7 Report, Form B, 30 April 2014.
[38] Statement of Switzerland, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014.
[39] Statement of Switzerland, Convention on Cluster Munitions Intersessional Meetings, Geneva, 17 April 2013.
[40] Statement by Amb. Urs Schmid, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 13 September 2012.
[41] “Loi fédérale sur le matériel de guerre (LFMG). Modification du 16 mars 2012” (“Federal Law on War Material (LFMG). Amendment of 16 March 2012”), 16 March 2012, Article 8(a)(3).
[42] Convention on Cluster Munitions Article 7 Reports, Form C, 30 April, and 30 June 2013. The reports emphasize that this is planned retention, not actual figures of munitions retained.
[43] The 2014 Article7 report lists the same number and types of cluster munitions ad retained. Convention on Cluster Munitions Article 7 Report, Form C, 30 April 2014.
[44] Convention on Cluster Munitions initial Article 7 Reports, Form C, 30 April 2014, and 30 June 2013.
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