Switzerland's Armed Neutrality Failure
By Madalin Sholtz.
The phrase “territorial disarmament” was coined by Matthieu Chillaud and based on the definition of “geographic disarmament” as given by James Handyside Marshall-Cornwall; to restrict or prohibit armaments in a defined territorial area.[1] This idea of “territorial disarmament” consideres two ideas – demilitarization and neutralization.[2] Neutralization, the focus of this post, “is the imposition by international agreement of perpetual neutrality over land and water.”[3] The goal is to remove the possibilities of international dispute by making them simply unattainable.[4] While any country may declare itself neutral and be flexible in that declaration, neutralization is only possible through international agreement, and is permanent.[5] Further, it requires the entire exclusion from any hostilities.[6]
Neutralization is a legal concept implemented by international agreement with the purpose of removing the possibility of international dispute and placing a country eternally outside the realm of war.[7] Neutralization has been applied to small countries, islands, and can even apply to waterways, but the most commonly known example is found in Switzerland.[8] It is an interesting international phenomenon, because its existence relies on the cooperation of many world powers who must agree to respect and maintain the neutral condition agreed upon.[9] Neutralization means, generally speaking, that no money can be exacted from the territory in times of war, no soldiers stationed there, and no contraband shipped from there to another country.[10]
Switzerland is a country whose neutrality is evidenced as early as 1515.[11] It became official when a declaration of Switzerland’s “perpetual neutrality” was signed at the Congress of Vienna in 1815.[12] There is a distinction to be made between neutrality that can be exercised by any country, and the guaranteed neutrality that Switzerland has by virtue of its international agreements.[13] The perpetual neutrality of Switzerland is a special circumstance brought on in large part because of the strategic importance of its geographical location.[14] The agreement idea was not advanced at the Congress by Switzerland itself, but as a solution that would suit everyone involved.[15] Pressure was brought from major European powers who thought a buffer zone could contribute to stability in the region.[16] Though it may seem as a natural consequence of seemingly years of advocating for neutrality, it really was the circumstances of the region which determined that Switzerland “would be forced into neutrality” by the Congress.[17] The position of the country and its topographical features made it key to military strategy, which only adds to the appeal of neutrality.[18] Because of these factors, the absolute neutrality of Switzerland is considered essential to the existence of Europe today.[19]
The Swiss population clearly favors the country’s neutrality.[20] In a 2018 referendum, 95 percent of the Swiss population found neutrality to be an important national policy.[21] However, the advertised reputation of neutrality has been stronger than the reality, and it has been further chipped away by the international difficulties that have come after the Cold War.[22] While public support for Switzerland’s neutrality is evident, some claim that “wiggle-room” was always expected. Professor at Law Oliver Diggelmann from the University of Zurich noted that “[n]eutrality … was never a concept with entirely clear-cut elements carved in stone.”[23]
Peaceful Switzerland. Image courtesy of of Unsplash.
The most notable actions considered breaches of Switzerland’s neutrality are the various times the country has imposed sanctions on other countries.[24] Some countries the Swiss have targeted with sanctions are Iraq, Iran, North Korea, Zimbabwe, and Myanmar.[25] When Vladimir Putin, president of Russia, annexed Crimea in 2014, Switzerland also imposed rounds of sanctions on Russia.[26] Swiss imposed sanctions often result from their connection to the United Nations, which requires imposing sanctions as a part of membership, and sometimes in connection with the European Union voluntarily.[27] The basis for allowing the Swiss to implement sanctions comes from the 2003 Federal Act on the Implementation of International Sanctions, called the Embargo Act.[28] The Embargo Act provides the legal framework necessary to implement such sanctions.[29]
Though sanctions are the most prominent, there are other actions that are considered breaches of Swiss neutrality. Although legally neutral, Switzerland does have an army for defense, and even requires partial military service from every male aged eighteen to thirty-four.[30] The Swiss constitution requires military service of male citizens, whereas it is option for women. [31] While the Swiss soldier is considered to be an average shot and ready to sacrifice his life for the cause of liberty, he is not considered a drain on the country’s resources.[32] On occasion, Swiss Army troops have been dispatched to assist in conflicts around the world.[33] Following the tragedies of September eleventh, Swiss soldiers joined the U.S. in its invasion of Afghanistan and stayed there for about seven years.[34] This was dubbed the “nation’s first military deployment since 1815,” but platoons and squads were involved in various peacekeeping efforts as early as 1953.[35]
Switzerland notably breached its neutrality principles during World War II.[36] One way this was done was by supplying war materials in the fight.[37] The country’s manufacturing and exporting of weapons to other countries was considered contrary to its peace promotion and neutrality. [38] Further, Switzerland refused to allow more than a few hundred Jewish refugees into the country during the war.[39] Adding insult to injury, it also kept money of Holocaust victims in its banks until the late 1990s.[40] This divisive action led to an international scandal after the war and the result was a $1.25 billion settlement returning money to Holocaust victims and their heirs.[41] The controversy led to a “crumbling of the myth of Swiss neutrality” and as a result the U.S., Britain, and Russia saw Swiss neutrality as a sham.[42]
Switzerland prides itself on its neutrality, but the reality of the agreement is much less flashy. Not only was the choice of neutrality not Switzerland’s, but as demonstrated here, they have actively worked against the agreement multiple times since its declaration. It is unclear where Swiss neutrality goes from here, but it is likely that the problems of the world will continue to deteriorate the nation’s pride.
[1] Matthieu Chillaud, Territorial Disarmament in Northern Europe 1 (Aug. 2006).
[2] Id. at 5.
[3] Cyrus French Wicker, The United States and Neutralization, The Atlantic (Sep. 1910), https://www.theatlantic.com/magazine/archive/1910/09/the-united-states-and-neutralization/529491/.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Evan Andrews, Why is Switzerland a neutral country?, History (last updated Aug. 22, 2018), https://www.history.com/news/why-is-switzerland-a-neutral-country.
[12] Id.
[13] W. D. Mccrackan, The Neutrality of Switzerland, Atlantic (July 1891),
https://www.theatlantic.com/magazine/archive/1891/07/the-neutrality-of-switzerland/634809/.
[14] Id.
[15] Oliver Pauchard, The day Switzerland became neutral, SWI (Mar. 20, 2015), https://www.swissinfo.ch/eng/politics/congress-of-vienna_the-day-switzerland-became-neutral/41335520#:~:text=Following%20the%20surprise%20return%20of,integrity%20of%20the%2022%20cantons.
[16] Andrews, supra note 11.
[17] Pauchard, supra note 15.
[18] Mccrackan, supra note 13.
[19] Mccrackan, supra note 13.
[20] Timothy Noah, The Novelty of Swiss Sanctions Is Oversold, The Soapbox (Mar. 9, 2022), https://newrepublic.com/article/165673/swiss-sanctions-russia-novelty-oversold.
(in a 2018 referendum, 95% percent of the country voted in support of neutrality as a national policy).
[21] Id.
[22] Id.
[23] Id.
[24] Id.
[25] Id.
[26] Id.
[27] Id.
[28] Schellenberg Wittmer et. al., Lexology Getting the Deal Through, L. Bus. Rsch. (2022),
https://www.lexisnexis.co.uk/legal/guidance/sanctions-switzerland-q-a-guide.
[29] Id.
[30] Andrews, supra note 11.
[31] The Swiss Political System: Neutrality, SWI (June 23, 2022, 15:29), https://www.swissinfo.ch/eng/neutrality/29289102 [hereinafter Political].
[32] Mccrackan, supra note 13.
[33] Noah, supra note 20.
[34] Id.
[35] Id.
[36] Political, supra note 31.
[37] Id.
[38] Id.
[39] Noah, supra note 20.
[40] Political, supra note 31.
[41] Noah, supra note 20.
[42] Armando Mombelli, How the UN “Swiss paradox” was resolved, SWI (Mar. 2, 2012), https://www.swissinfo.ch/eng/how-the-un--swiss-paradox--was-resolved/32218956.