“Switzerland must not hide behind neutrality”

“Neutrality is a purely political issue, but it has been argued that it is a legal issue.” That is how Professor Sascha Zala speaks in an interview with Watson on Tuesday. He is president of the Swiss History Association and director of the research center “Diplomatic Documents of Switzerland” (Dodis). On May 7, Professor Zala will be heard by the Security Policy Committee of the Council of States.

Subject of the hearing: the re-export of war material to Ukraine, which is prohibited under current law. Parliament has not yet agreed on a law amendment that would allow Swiss arms to be shipped to Ukraine by third countries.

“It is not my job to judge whether it is right or wrong to re-export war material – in this case to Ukraine,” Zala said. “However, I consider it unfounded to refer to international law arguments in the discussion to reject a revision of the War Material Act. The international law of neutrality has nothing to do with the Swiss arms export law.”

What does neutral mean?

So what does it mean to be neutral when other countries are at war? “In terms of international law, that simply means not going to war and not making your territory available to the belligerents,” replies the Italian-speaking native of Graubünden. He refers to the Hague Convention of 1907, which regulates “the rights and duties of powers and neutral persons in the event of land war” – and at the same time distances himself from it.

“The Hague Agreement did not prevent neutral Belgium from being invaded twice by Germany in 1914 and 1939. So the Belgians gave up their neutrality and joined NATO in 1949,” adds Zala.

Nothing given by God

He further explains:

The members of the Security Policy Committee of the Council of States probably expect the arguments put forward by Professor Zala here. A majority of them will perhaps see this as further confirmation that re-export of war material to Ukraine is necessary.

Zala warns:

According to the history professor, the law of neutrality has nothing to do with the subject, “the policy of neutrality does; it is the sum of all the measures Switzerland has taken to keep its neutrality credible.” The SVP wants them “integrally”, while the left uses them to limit arms exports.

In addition to Zala, other experts, professors of history and law, will be heard by the security policy committee in May. It is likely that the June meeting will then discuss the Center’s proposed “Lex Ukraine”, which provides for an exception for Ukraine.

But it will certainly take until autumn or winter before Parliament takes a final decision. Perhaps the guns will be silent until then. Central Councilor Charles Juillard, advocating for the “Lex Ukraine,” says: