The passionate defense of law
The world urgently needs a public mobilization around humanitarian law and the necessity of maintaining minimum standards of humanity in war. Switzerland, as the depository state of the Geneva Conventions, should be at the forefront, actively advocating for all victims of violations of international humanitarian law and defending this law with passion.
On September 18, 2024, the United Nations General Assembly adopted a resolution calling for an end to the occupation of Palestine within twelve months. This resolution followed the advisory opinion issued by the International Court of Justice (ICJ) on July 19, 2024, which concluded, among other findings, that Israel’s presence in the occupied territories was illegal and that the occupation must end as soon as possible.
The resolution, adopted by 124 states with 43 abstentions and 14 votes against, highlighted divisions within Europe. Some countries abstained (including Switzerland, Italy, the Netherlands, Germany, and the United Kingdom), while others voted in favor (including France, Belgium, Spain, Portugal, and Norway). Two countries—Czechia and Hungary—voted against the resolution. The resolution also invited Switzerland, as the depositary state of the Geneva Conventions, to convene a Conference of the High Contracting Parties within six months. This conference was to be “dedicated to measures aimed at ensuring respect for the Convention in the occupied territory, including East Jerusalem, as required by common Article 1 of the four Conventions.” Switzerland accepted this invitation. At the same time, the ICRC launched a global initiative for international humanitarian law alongside six countries across four continents—Brazil, China, France, Jordan, Kazakhstan, and South Africa. This initiative aimed to “revitalize political commitment to international humanitarian law” and planned a high-level meeting by the end of 2026, with the goal of “preserving humanity in war.”
On March 6, 2025—less than six months after the UN resolution was adopted—Switzerland announced that the conference would not be held. In an official statement, it explained that “deep divisions among the High Contracting Parties […], as revealed through extensive consultations, led Switzerland, in its capacity as depositary state, to conclude that a significant number of High Contracting Parties did not support the holding of such a conference […].”
Swiss diplomacy has yet to acknowledge its failure
There is no doubt that, in the current political climate, organizing such a conference on a highly sensitive issue within a short timeframe was a major challenge. It is also clear that Switzerland made serious efforts to prepare for the conference, holding consultations in multiple stages, drafting, and circulating a final declaration based on states’ comments and contributions.
What is striking, however, is how Swiss diplomacy appears to interpret the inability to hold the conference.
During a press conference, Ambassador Franz Perrez, head of the Directorate of International Law at the Swiss Federal Department of Foreign Affairs, stressed that “no one questioned the relevance, importance, or applicability of the Fourth Convention in the occupied territories, and no one questioned the obligation to ensure its respect.” He added that “one cannot conclude that states disagree on the relevance of this convention”. When asked by a journalist whether the cancellation of the conference constituted a failure, Perrez responded: “This is not necessarily a failure of Swiss diplomacy but rather a reflection of the reality of the moment, which does not mean that under different circumstances, things could not be otherwise.” However, he did not provide a clear answer as to why Switzerland had not sought a three-month extension from the United Nations to try to secure, at the very least, the holding of the conference.
There is a serious problem when a failure is not acknowledged as such. The message that Swiss diplomacy is conveying today regarding humanitarian law is that, despite everything, there are encouraging signs, that in principle everyone wants to respect this law, and that, ultimately, things are not so bad. Really?
The neglect of international humanitarian law—and Switzerland’s role in it
Since the attack on Israel on October 7, 2023, countless violations of humanitarian law have been committed by all parties to the conflict. These violations have been documented by the United Nations, the ICJ, and the International Criminal Court (ICC). Elsewhere in the world, violations of humanitarian law are widespread—from Sudan to Syria, from Ukraine to the Democratic Republic of Congo. Before his appointment, the U.S. Secretary of Defense openly stated that his country should not always comply with the Geneva Conventions.
Switzerland’s role as the depositary state of these Conventions and their Additional Protocols cannot be limited to that of an archivist. It must be that of a passionate advocate for all victims of violations of international humanitarian law. The head of the Swiss Federal Department of Foreign Affairs and Swiss diplomats must be at the forefront, actively supporting the ICRC in defending and promoting international humanitarian law.
Our diplomatic history should serve as an inspiration—particularly Switzerland’s role in the diplomatic conference on humanitarian law held in Geneva from 1974 to 1977. That conference demonstrated Switzerland’s ability to be flexible, creative, and firm in bridging divides between North and South, East and West to reaffirm and develop international humanitarian law. At that time, Federal Councillor Pierre Graber, along with Ambassadors Rudolf Bindschedler and François Pictet, played a key role in updating both written and customary rules of protection, particularly for civilian populations.
Fighting for the respect of a minimum standard of humanity
The world urgently needs a public mobilization around humanitarian law and the necessity of maintaining minimum standards of humanity in war. This is not impossible—provided that we believe in it and commit to making it happen. One immediate step forward could be to reaffirm the importance of common Article 3 of the Geneva Conventions. This article applies in all circumstances during armed conflict, regardless of the legal status of individuals or territories.
Now more than ever, this article must serve as a universal baseline of humanity in war. Switzerland, as the depositary state, should fully and resolutely engage alongside the ICRC and other partner countries in the global initiative for international humanitarian law launched in 2024. Securing the broadest possible consensus around this article would, at the very least, provide a foundation to build upon.
The Geneva Conventions protect our shared humanity and are an integral part of Switzerland’s heritage and values. We must be at the forefront of mobilizing to defend this law—with passion.
The article first appeared in French on Le Temps on the 16th of March 2025
Image: Destroyed house in the Jabalia refugee camp. Wikimedia Commons.
