Summary: State Party Switzerland ratified the convention on 17 July 2012 and amended legislation in 2013 to enforce its implementation of the convention. Switzerland has participated in every meeting of the convention. It voted in favor of a key United Nations (UN) resolution on the convention in December 2018. Switzerland works to universalize the convention and has condemned new use of cluster munitions. It has elaborated its views on several important issues relating to the convention’s interpretation and implementation. Switzerland’s Ambassador Sabrina Dallafior Matter has been named president of the convention’s Second Review Conference in 2020.

In its initial transparency report for the convention, provided in 2013, Switzerland confirmed it never used or produced cluster munitions, but imported them in the past. On 19 March 2019, Switzerland announced completion of the destruction of its stockpile of 206,061 cluster munitions and 12.2 million submunitions. It destroyed approximately 167 cluster munitions and 8,815 submunitions in 2018. Switzerland has retained 52 cluster munitions and 2,615 submunitions, which is a significant decrease from the number it first retained for research and training purposes.

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 amended its 1996 Federal Law on War Material in 2013 to provide for penal sanctions and fines to enforce the provisions of the Convention on Cluster Munitions.[1] It also amended the Criminal Procedure Code in line with the Federal Act on War Material. 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 has provided updated annual reports since then, most recently in April 2018.[3]

Switzerland was among the first countries to propose international action to tackle the unacceptable harm caused by cluster munitions. Its position shifted to fully endorse a comprehensive prohibition during the Oslo Process that created the convention.[4]

Switzerland engages proactively in the work of the Convention on Cluster Munitions. It has attended every meeting of the convention, most recently the Eighth Meeting of States Parties in September 2018.[5] Switzerland has served as the convention’s co-coordinator on the general status and operation of the convention since 2015. Switzerland’s Permanent Representative of Switzerland to the Conference on Disarmament, Ambassador Sabrina Dallafior Matter, has been named president of the convention’s Second Review Conference to be held in the second half of 2020.

Switzerland voted in favor of a key UN General Assembly (UNGA) resolution promoting implementation of the convention in December 2018.[6] It has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

Switzerland has condemned new use of cluster munitions and believes it is “essential” that States Parties meet suspected cluster munition use with a “strong and systematic” response.[7] It has condemned the use of cluster munitions in Syria several times since 2012. [8]

Switzerland has voted in favor of UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2018. [9] Switzerland has also voted in favor of Human Rights Council (HRC) resolutions condemning the use of cluster munitions in Syria, most recently in July 2018. [10]

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 on 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 Cluster Munition Coalition (CMC) has criticized as the worst element of the convention.[11]

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 articulated 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.[12]

Switzerland’s 2013 amendment to the Federal Law on War Material prohibits the direct financing of the development, manufacture, or acquisition of cluster munitions.[13] 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.”[14] NGOs PAX 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.[15]

In 2013, the Swiss bank UBS announced that following the entry into force of Switzerland’s implementation legislation for the Convention on Cluster Munitions, 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.”[16] In 2011, Credit Suisse announced it would exclude companies producing cluster munitions and landmines from its credit, investment banking, and asset management activities.[17]

Use, Production, and Transfer

Switzerland has never used or exported cluster munitions.[18] According to its transparency reports, the “Swiss Armed Forces have never fired cluster munitions in Switzerland, even for training purposes.”[19]

Under the status and progress of programs for the conversion or decommissioning of production facilities, Switzerland’s initial Article 7 report in 2013 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 (now RUAG Munitions), after adding specific features to increase the reliability of the ammunitions, reassembled them exclusively for the Swiss Armed Forces.”[20]

In the past, Switzerland imported cluster munitions from Israel and the United Kingdom.[21]

Switzerland acquired DM702 SMArt-155 sensor fuzed weapons from Germany in 2001.[22] 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.[23]

Stockpiling

Switzerland initially declared a stockpile of 201,895 cluster munitions and 11,615,282 submunitions.[24] It also destroyed 3,999 BL755 cluster bombs (Fliegerbombe 79) and 587,853 Mk1 submunitions held by the Swiss air force between 1997 and 2000, prior to creation of the convention.[25]

Initial declaration of cluster munitions once stockpiled by Switzerland, 2013[26]

Stockpile destruction

Article 3 of the Convention on Cluster Munitions required Switzerland to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 January 2021. On 19 March 2019, Switzerland announced that the completion of the destruction of its stockpile of 206,061 cluster munitions and 12.2 million submunitions more than 21 months in advance of the deadline.[27] It destroyed approximately 167 cluster munitions and 8,815 submunitions in 2018.

Switzerland’s April 2019 transparency report confirms the completion of the stockpile destruction, there are several arithmetic inconsistencies in the accounting provided, in part because the report covered activities in calendar year 2018 and not in the first quarter of 2019.[28]

Cluster munitions destroyed by Switzerland (as of April 2019)[29]

Switzerland transferred the 120mm MP-98 cluster munitions to Norway in 2013, where they were destroyed by the end of 2016 via controlled detonation at Nammo NAD AS underground facilities in Løkken Verk.[30] The 155mm cluster munition projectiles were transferred to Germany, where they were destroyed by Nammo Buck GmbH in Pinnow through a process that involved removing the ejection charge, separating out the submunitions, and destroying the metal parts, pyrotechnics, and explosives.[31]

Switzerland allocated CHF10 million for national stockpile destruction in 2017, adding to the CHF40 million allocated in 2013 for destruction of the stocks.[32]

Retention

Switzerland has retained 52 munitions and 2,615 submunitions for research and training purposes.[33]

Cluster munitions retained by Switzerland (as of 31 December 2018)[34]

Switzerland originally reported it would retain 138 cluster munitions and 7,346 submunitions, but it has significantly reduced that number since 2016.[35]

Switzerland has said its retained cluster munitions are used for the development of and training in cluster munition and explosive submunition detection, clearance, or destruction techniques (by the Swiss EOD [explosive ordnance disposal] Centre) as well as for the development of counter-measures. However, it has not reported if the cluster munitions and submunitions that it has destroyed were consumed during training and research or simply destroyed as part of the stockpile destruction program.[36]

The amended Law on War Material allows for the retention of cluster munitions for training and research purposes, but requires that the number retained should not exceed that absolutely necessary for these purposes.[37]

Policy

The Swiss Confederation signed the Mine Ban Treaty on 3 December 1997 and ratified it on 24 March 1998, becoming a State Party on 1 March 1999. Legislation to enforce the antipersonnel mine prohibition domestically was adopted on 13 December 1996 and subsequently amended to conform with the Mine Ban Treaty.

Switzerland was nominated as Secretary-General-Designate of the Twelfth Meeting of States Parties to be held in Geneva in December 2012. Switzerland has served as co-rapporteur and then co-chair of the Standing Committees on Stockpile Destruction (2001–2003), Victim Assistance (1999–2000 and 2004–2006), Mine Clearance (2009–2011), Article 5 Implementation (2016–2017), Enhancement of Cooperation and Assistance (2014–2016), and Cooperative Compliance (2018–2019). Switzerland also served as President of the Ninth Meeting of States Parties in 2008.

Switzerland attended the treaty’s Seventeenth Meeting of States Parties in Geneva in November 2018 and the intersessional Standing Committee meetings in Geneva in May 2019. At the Seventeenth Meeting of States Parties, Switzerland provided an update on Article 5 implementation, drawing particular attention to the use of landmines of an improvised nature, as well as the discovery of previously unknown mined areas and newly mined areas after clearance obligations have been fulfilled.[1]

Switzerland is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war.

Use, production, transfer, and stockpile

Switzerland formerly produced and imported antipersonnel mines but did not export any. Production ceased in 1969 and export of antipersonnel mines was banned in December 1996. Switzerland previously produced stake mines and Type 64 bounding mines at a government-controlled facility from 1967 to 1969. Switzerland also produced detonators for antipersonnel mines, for antitank mines and for sea mines. The quantities, costs, and technical characteristics of these mines are unknown.

Switzerland destroyed its stockpile of 3.85 million antipersonnel mines by 15 March 1999. It did not retain any antipersonnel mines for training or research purposes.

In 2021, the Swiss Confederation contributed CHF13.9 million (US$15.2 million)[1] in mine action funding to eight countries and one other area, as well as to the Geneva International Centre for Humanitarian Demining (GICHD), the Implementation Support Units (ISUs) of the Convention on Cluster Munitions and the Mine Ban Treaty, and other non-government organizations (NGOs). The largest contribution went to GICHD, which received more than three-fifths (69%) of Switzerland’s total contribution for the year.[2]

In addition to financial support, Switzerland provided in-kind assistance valued at CHF2.8 million ($3.1 million) through the United Nations Mine Action Service (UNMAS), the United Nations Mission in South Sudan (UNMISS), the United Nations Office for Project Services (UNOPS), the Mission for the Referendum in Western Sahara (MINURSO), and the Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). This in-kind assistance supported mine action operations in the Democratic Republic of the Congo (DRC), Mali, South Sudan, and Sudan, as well as in Western Sahara, and other global activities at the United Nations (UN) headquarters in New York and Geneva.[3]

Contributions by recipient: 2021[4]

Mine action assistance approach

In February 2022, Switzerland adopted its first ever arms control and disarmament strategy, covering 2022–2025. In this strategy, mine action is integrated under the priority area to address challenges related to conventional weapons.[5] As part of its efforts to reduce the negative impact of such weapons on civilians, Switzerland plans to develop a new mine action strategic plan for 2023­–2026.[6]

Switzerland reported that it is contributing to mine action activities linked to peace processes and development goals, and which followed an “integrated approach, combining clearance, mine risk education, and victim assistance.”[7]

In September 2016, Switzerland released its Mine Action Strategic Plan 2016–2019, which was subsequently extended until 2022.[8] The plan reaffirmed Switzerland’s commitment to the Mine Ban Treaty and the Convention on Cluster Munitions.

The 2016–2022 plan focuses on contributing to universalization and ensuring compliance with the norms of the Mine Ban Treaty and the Convention on Cluster Munitions. It includes a focus on mine action activities within peace and sustainable development processes, and on strengthening national capacity and ownership in affected countries.[9] Switzerland also indicated in the strategic plan that its contribution to victim assistance would follow a “dual approach,” through specific victim assistance efforts and development, human rights, and humanitarian initiatives.[10]

In releasing its strategy, Switzerland stated that it expected to contribute between CHF16 million ($16.5 million) and CHF18 million ($18.6 million) each year.[11] The totals include both financial and in-kind contributions.

COVID-19 and mine action support

In 2020, in response to disruption to mine action operations, Switzerland reported that its partners were allowed to deploy resources toward national COVID-19 response efforts or could extend the duration of projects.[12]

Five-year support to mine action

From 2018–2021, Switzerland consistently contributed approximately CHF14 million each year. Switzerland provided a total of CHF77million ($79.9 million) in mine action support in 2017–2021, with the majority of its funding going to GICHD. This is slightly below the level recorded in the previous five-year period from 2012–2016, when Switzerland contributed CHF86 million ($91.1 million).

Summary of contributions: 2017–2021[13]

Note: N/A=not applicable.