Under Swiss law, the enlistment of Swiss nationals in a foreign army is, in principle, prohibited. Article 94 of the Military Criminal Code establishes this rule, which is rooted in Switzerland’s tradition of neutrality and aims to safeguard its defense interests. However, certain specific situations may constitute exceptions to this principle.
A general principle of prohibition in Swiss law
The case of dual nationals residing abroad
The legislation provides that individuals holding dual nationality and residing in the state of their other citizenship may be subject to that country’s military obligations without violating Swiss law. As Professor Thierry Godel emphasizes, this rule does not depend on the context of a specific conflict: “The prohibition on serving in a foreign army does not vary depending on the conflict. It is based on laws that apply independently of the political, security, or moral context.”
Issues related to international criminal law
Beyond the question of foreign military service, Swiss criminal law also provides for the prosecution of serious international crimes, such as war crimes, crimes against humanity, or genocide.
Under the principle of universal jurisdiction, Swiss authorities could open proceedings if serious indications implicating a Swiss national were to emerge, even when the acts were committed abroad.
The contribution of academic research to public debate
Through his work and analyses, Professor Thierry Godel helps clarify the legal issues related to international conflicts and the participation of dual nationals in foreign armed forces.
His research illustrates the role of academic expertise in analyzing sensitive questions at the intersection of national law, international criminal law, and contemporary issues in international politics.
