Swiss Parliament erupts over weapons exports to Ukraine

by Remy Delalande,* Switzerland

(28 March 2023) [17 March 2023] Switzerland parliament is in turmoil over a wave of proposals set to enable Swiss-made military equipment to reach Ukraine. Many politicians across the political spectrum fear Switzerland’s neutral international reputation could be irreversibly damaged.

The current armed conflict in Ukraine, and the increased military involvement of NATO countries to supply more and more weapons of all sorts to help the Ukrainian forces defeat the Russian military offensive, has led neutral countries like Switzerland to fall increasingly under international pressure to take sides.

The political debate heated up as a result, as many politicians abroad and in Switzerland have been quick to decry Switzerland’s alleged cowardice and selfish neutrality in an attempt to put pressure on the Swiss government and soften arms export regulations towards Ukraine. As a result, the Swiss parliament is erupting in turmoil as an unwavering tide of legislative propositions swarms the current and future parliamentary sessions this year in the nation’s capital.

The first two rounds of fierce political debates took place on March 6 and 8 in both chambers of Parliament. Both proposals were met with stiff scepticism across the political spectrum before being ultimately defeated. The following points extracted from these parliamentary debates explain why:

Good Offices matter more in the long run than being a warring party

Swiss government officials have always been good mediators, and their status of being objective and neutral is allegedly still in high demand, even though Switzerland’s hopes to act as a European mediator in the current conflict were dashed by Russia on the grounds it has sided unequivocally with the EU over a wide range of financial sanctions. Other traditional neutral mediators such as Sweden and Finland will soon join NATO and are therefore out of the game. Austria, often perceived as Switzerland’s junior twin, is no different as it joined the EU sanctions, as well as NATO’s Partnership for Peace (PfP) one year prior to Switzerland.

Neutrality is the main reason why Switzerland was not involved in international conflicts – especially during the First and Second World Wars – over the past 200 years, and let it establish itself internationally as a bridge-building nation, becoming the location of many international organizations, while mediating between individual states that were in conflict. It is not by chance that Switzerland currently represents US diplomatic and consular interest in Cuba and Iran.

Neutrality has become dangerous in the aftermath of 9/11

Something has changed over time since the Congress of Vienna. In former times, until the Second World War, there was the so-called ius ad bellum, the right to wage war. A country could declare war on another country, and that was fine as this was the law. Since World War II ius ad bellum no longer exists. When waging war was considered politically legal, neutrals were generally welcomed by all parties for most of the time.

Today, neutral states are becoming more and more involved in a quagmire of debates, coercing them to take a specific side, making it increasingly difficult to keep out of the conflicts all together. After former U.S. President Bush told the United Nations in the aftermath of 9/11, “you are either with us or against us”, neutrality was no longer supposed to be an option as in past times.

Swiss defense Industry relies more on dual-use products than on Ukraine

One argument raised by those currently favouring the softening of the War Material Act was that this would strengthen the Swiss defense industry. But in reality, military sales accounted for only 0.25% of total Swiss industrial exports last increasing by 39% over one year, with Qatar being the primary Swiss weapon export destination (selling air defense systems to secure its FIFA World Cup), followed by Denmark, Germany, Saudi-Arabia and the United States. Europe represents half of Swiss military exports (CHF 481.6 mio).

Military sales statistics show that dual-use military products of a non-lethal nature, such as helmets, bullet proof vests and de-mining devices for humanitarian purposes play an even more important part for the Swiss defense industry. According to the Basel Economic Intelligence Institute (BAK), the total value of the Swiss defense industry, including dual-use military products, produced each year in Switzerland amount to a CHF2.3 billion, or 0.32% of GDP, also supporting 14,000 jobs within the country. It is believed that for each Swiss franc invested in the Swiss defense industry, 66 cents flow into other industry sectors.

Obligations and Rights of neutrals according to international law

Switzerland’s election speech to the UN Security Council strikingly misses the point of its neutrality’s rights and obligations under international law, as defined by the Organization for Security and Cooperation in Europe (OSCE), of which it is a member. Back in 1975 – in the midst of the Cold War – a final accord was enshrined in Helsinki that embodied all the principles that Switzerland cherishes: respecting sovereignty, abstaining from the use of, force, upholding territorial integrity, defending the peaceful settlement of disputes, as well as the equal right of peoples to self-determination.

Another international milestone of the right to neutrality is the 1907 Convention Concerning the Laws and Customs of War on Land (The Hague Convention) still valid to this day. It states that neutral countries like Switzerland may not take part in wars, nor send mercenaries treating all parties involved equally, and are not allowed to join any military alliance (such as the PfP) and keep their territory free of foreign troops.

Under international law, Switzerland can only be released from its obligation of neutrality when there is a clear mandate from the UN Security Council. Independent scholars still question the compatibility of the present role of the United Nations with the rules of international law governing the status of neutrality.

Changing the War Material Act would violate the Swiss Constitution

Neutrality as understood and stated by international legislation is part of Swiss law under the War Material Act. Thus, any weapons supplied to foreign states may not be transferred without the consent of the Swiss government. If the War Material Act is ignored or even diluted as how it should be understood, Switzerland could find itself influencing the military balance of power in a war, which would contradict its obligations under international law, and therefore violate its international obligations of neutrality.

The Swiss Constitution ensures the country’s permanent neutrality. Both government and Parliament are responsible for upholding it. Anyone seeking to change this fact must present it to the Swiss people and the cantons by means of a referendum, instead of by-passing neutrality indirectly through the backdoor of Parliament.

It should be very clear that the outcome of the Ukraine War is not only connected with the security and independence of Europe, but more importantly to that of Switzerland itself. This is why this particular war has become such an important turning point for Switzerland’s neutrality.

* Remy Delalande has been working as a political scientist for 20 years, first as a journalist in Geneva for a trade publication, then for the Foreign Office in Bern, where he covered a wide range of international and national regulations. Remy Delalande has also worked over 10 years as an elected politician in a local parliament on the shores of Lake Geneva. Since then, he focuses on local public policy issues and organizes expert conferences for banking professionals, as well as foreign delegations, on public affairs and regulations. (eventspro.ch)