Switzerland
Switzerland has detailed counterterrorism provisions in its national law. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
A terrorist act is defined indirectly in the Criminal Code as an act of criminal violence seeking to intimidate a population or to compel a State or international organization to act or refrain from acting in a certain manner.Art. 260 ter, Criminal Code.
Adherence to Global and Regional Terrorism Treaties
Switzerland is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Switzerland is also a State Party to all four regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The maximum sentence for terrorist offences is life imprisonment. Article 260 ter of the Criminal Code stipulates a prison sentence of at least ten years for membership of an organization whose aim is to commit acts of criminal violence seeking to intimidate a population or to compel a State or international organization to act or refrain from acting in a certain manner, or which supports such an organization in its activities.
Offences of recruiting or training terrorists or of travelling in order to be trained for terrorist purposes were added in recent years. A minimum five-year prison sentence is imposed.Art. 260 sexto, Criminal Code.
Counterterrorism Capacities and Policies at Domestic Level
Switzerland has dedicated counterterrorism expertise in its national police. A 2022 law approved by referendum gives the police additional powers to counter terrorism, raising concerns about the risk of arbitrary action by State agents.
The Constitution explicitly allows certain taxes to be used to prevent terrorist attacks.
Glossary
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