His analysis focuses on the application of Article 94 of the Swiss Military Criminal Code, which prohibits, among other things, recruiting Swiss citizens to serve in a foreign army or facilitating their enlistment. Thierry Godel explains that this legal threshold may be crossed when an organisation puts a person in contact with a recruitment office, assists them throughout the enlistment process, or organises or finances their travel or accommodation with the aim of joining a foreign army. He also points out that, under international law, Switzerland is obliged to respect and ensure respect for international humanitarian law and not to contribute to maintaining situations recognised as unlawful.
His contribution builds on his 2023 book L'interdiction pour les Suisses de servir dans des forces armées étrangères, published by Weblaw and available in open access. The publication provides an in-depth analysis of the legal framework governing the service of Swiss nationals in foreign armed forces and illustrates how academic research can contribute to important public debates.
