Five-Year Review: State Party Switzerland ratified the convention on 17 July 2012. It amended existing legislation in 2013 to enforce its implementation of the convention. Switzerland has participated in all of the convention’s meetingsandhas served as the convention’s co-coordinator on clearance and risk education since September 2013. It works for universalization of the convention and has condemned new use of cluster munitions. Switzerland has elaborated its views on several important issues relating to the convention’s interpretation and implementation.

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. Switzerland is currently destroying a stockpile of 205,894 cluster munitions and 12.2 million submunitions; completion is expected by 2018. It is retaining 138 cluster munitions and 7,346 submunitions for training and research.

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’s 1996 Federal Law on War Material was amended on 1 February 2013 to provide for penal sanctions and fines to enforce the provisions of the Convention on Cluster Munitions.[1] Switzerland has also declared that the Criminal Procedure Code was also amended in line with the Federal Act on War Material in 2013. Further to these legal measures, the Chief of the Armed Forces issued a directive, which came into effect on 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 provided updated annual reports in April 2014 and April 2015.[3]

Switzerland was among the first countries to propose international action on cluster munitions. During the Oslo Process that produced the convention, Switzerland’s position shifted to fully endorse the comprehensive prohibition of cluster munitions.[4]

Switzerland engages proactively in the work of the Convention on Cluster Munitions. It has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San José, Costa Rica in September 2014, where it provided an update on stockpile destruction and made other statements. Switzerland has also attended all of the convention’s intersessional meetings in Geneva, most recently in June 2015.

Since September 2013, Switzerland has served as the convention’s co-coordinator on clearance and risk education together with Lao PDR.

Promotion of the convention

At the intersessional meetings in June 2015, Switzerland stated that reports of new cluster munition use underscore the need to promote the convention’s norms and make progress on its universalization.[5] In September 2014, Switzerland urged States Parties “to identify innovative approaches” to help universalize the convention.[6] It made similar appeals in previous years.[7]

Switzerland has condemned new use of cluster munitions often, but, with the exception of Syria, does not usually name the countries where cluster munitions have been used.

At the convention’s intersessional meetings in June 2015, Switzerland expressed concern at the use of cluster munitions by “different parties to different conflicts” and called for an end to the use and for respect for international humanitarian law. It noted how recent years have shown that the stigma against cluster munitions is progressing, as they can no longer be used without reaction from the international community.[8] At the Fifth Meeting of States Parties in September 2014, Switzerland expressed concern at “information on alleged use of cluster munitions in a number of current conflicts” and stated it “would see value in gaining greater clarity on these cases.”[9]

Switzerland has condemned the use of cluster munitions in Syria several times since October 2012.[10] In September 2014, Switzerland told States Parties that the Convention on Cluster Munitions “has created a strong norm of non-use of cluster munitions” and stated that is why “we have repeatedly expressed our concern about the use of cluster munitions in the conflict in Syria, a concern reinforced by the number of casualties resulting from this use as reported in the 2014 Cluster Munition Report.”[11] Switzerland has also voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[12]

At the Fifth Meeting of States Parties, Switzerland stated that the convention’s achievements are “particularly the result of a very successful cooperation between States, international organisations, civil society organisations, and operators.”[13] It emphasized the value of transparency reporting under the convention “together with the high quality information provided through ‘The Cluster Munition Monitor’ and other publications by civil society.”[14]

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 CMC has criticized as the worst element of the convention.[15]

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.[16]

Switzerland’s 2013 amendment to the Federal Law on War Material prohibits the direct financing of the development, manufacture, or acquisition of cluster munitions.[17] 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.”[18] NGOs PAX (formerly IKV Pax Christi) 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.[19] In its updated 2014 report on worldwide investment in cluster munitions, PAX listed several Swiss financial institutions that they identified as investing in cluster munitions producers.[20]

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.”[21] In 2011, Credit Suisse announced a new policy to exclude companies producing cluster munitions and landmines from its credit, investment banking, and asset management activities.[22]

Use, production, and transfer

Switzerland has never used or exported cluster munitions.[23] According to its transparency reports, the “Swiss Armed Forces have never fired cluster munitions in Switzerland, also not for training purposes.”[24]

Switzerland imported cluster munitions from Israel and the United Kingdom.[25]

Under the status and progress of programs for the conversion or decommissioning of production facilities, Switzerland’s initial Article 7 report 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 (nowadays RUAG Munitions), after adding specific features to increase the reliability of the ammunitions, reassembled them exclusively for the Swiss Armed Forces.”[26]

Initially, in 2007, Switzerland stated that it “stopped the production of cluster munitions in 2003.”[27] However, in 2009 Switzerland issued the clarification later provided in the Article 7 report that it “did never per se produce cluster munitions” because “according to a license agreement with the manufacturer, the munitions were purchased abroad and enterprises based in Switzerland, after adding specific features to increase the reliability of the ammunitions, reassembled them (exclusively for the Swiss Armed Forces).” According to the clarification, “This process ended in the last quarter of 2004. Since then, no further treatment or assembly of cluster munitions has taken place in Switzerland.”[28]

In 2012, Switzerland informed States Parties that it purchased the 120mm and 155mm cluster munition projectiles containing M85 submunitions during arms procurement programs in 1988, 1991, 1993, and 1999.[29] Swiss military officials previously informed Human Rights Watch (HRW) that 155mm artillery projectiles and 120mm mortar bombs with M85-type[30] submunitions were imported from Israel Military Industries and Swiss firms then modified (“Helveticized”) the submunitions’ safeguards and reassembled the weapons.[31]

Switzerland purchased DM702 SMArt-155 sensor-fuzed weapons from Germany as part of its 2001 Armament Program.[32] 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.[33]

Stockpiling

Switzerland once stockpiled a total of 205,894 cluster munitions and 12,203,035 submunitions.

In its initial Article 7 report, Switzerland declared a stockpile comprised of 201,895 cluster munitions and 11,615,282 submunitions, as listed in the table below. The ground-launched 155mm M-109 and M-109 Kawest self-propelled howitzers, 155mm Bison fortress cannons, and 120mm fortress mortars, used M85-type self-destructing submunitions.[34] Switzerland has confirmed the cluster munitions had been separated from stocks of operational weapons.[35]

Switzerland has also formally declared the destruction, between 1997 and 2000, of 3,999 cluster bombs (Fliegerbombe 79) and 587,853 BL755 Mk1 submunitions held by the Swiss Air Force.[36]

In its April 2015 Article 7 Report, Switzerland declared a remaining stockpile of 143,880 cluster munitions and 8,159,977 submunitions, as shown in the following table.[37]

Cluster munitions stockpiled by Switzerland (as of 31 December 2014)[38]

Stockpile destruction

Under Article 3 of the Convention on Cluster Munitions, Switzerland is required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 January 2021.

In April 2014, Switzerland announced that physical destruction of the stockpile started in December 2013 and should be completed in 2018.[39] In April 2015, it confirmed that the stockpile should be completely destroyed in 2018.[40]

In its April 2015 transparency report, Switzerland declared the destruction of 58,015 cluster munitions of two types and 3,455,305 submunitions by the end of 2014, as shown in the following table.

Switzerland’s cluster munition stockpile (as of 31 December 2014)[41]

By 31 December 2014, Switzerland had destroyed approximately 43% of its stockpile of KaG-88 cluster munitions and approximately 24% of its stockpile of 120mm MP-98 cluster munitions.[42] In 2014, it destroyed 57,331 cluster munitions and 3,412,213 submunitions.[43]

In July 2013, the Federal Department of Defence, Civil Protection and Sport and Armasuisse, the government’s arms procurement agency, announced that Switzerland’s stockpile destruction contract had been awarded to Nammo Buck GmbH and said the cluster munitions would be transferred to Germany for destruction at the company’s facilities in Pinnow. In April 2014, it also listed Nammo NAD AS in Norway as a partner in the stockpile destruction process.[44]

The 120mm cargo projectiles are being destroyed by controlled detonation underground by Nammo NAD AS at Løkken Verk in Norway, while the 155mm cargo projectiles are being destroyed by Nammo Buck GmbH in Germany through a process involves the removal of the ejection charge, separation of submunitions, and destruction of the metal parts, pyrotechnics, and explosives.[45]  

In 2013, Switzerland announced that a total of CHF40 million had been allocated for the stockpile destruction.[46]

Retention

The amendments to the Law on War Material allow for the retention of cluster munitions for training and research purposes, but state that the number retained should not exceed that absolutely necessary for these purposes.[47]

In its initial Article 7 report, Switzerland declared the retention of 138 cluster munitions and 7,346 submunitions and it reported the same number in its subsequent report, showing that no cluster munitions have been consumed in training or research.

Cluster munitions retained by Switzerland (as of 31 December 2014)[48]

Switzerland has listed its planned uses for the retained cluster munitions as: “Development of and training in cluster munition and explosive submunition detection, clearance or destruction techniques (by the Swiss EOD [explosive ordnance disposal] Centre); development of cluster munition counter-measures.” It emphasized that “the numbers [of retained cluster munitions provided in the report] refer to the *planned* retention of cluster munitions and submunitions.”[49]