Swiss War Material Act – Swiss weapons to Ukraine – hurdles and possible change of course – News


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Switzerland is under pressure. Will it give in and make it possible for Swiss ammunition or tanks to be passed on to Ukraine? The most important questions and answers.

Why is Switzerland under pressure? Germany and two other countries want to pass on war material bought in Switzerland to Ukraine. However, the Federal Council refuses its approval and thus blocks the deliveries. The pressure on Switzerland is very great: According to the “NZZ”, Germany’s Vice Chancellor Robert Habeck even accused Switzerland of being complicit in the victims of Russian aggression.

What weapons is it? Germany wants to give Ukraine 12,400 rounds of 35mm ammunition for the Cheetah anti-aircraft tank. Denmark wants to supply Swiss-made Piranha III infantry fighting vehicles. Finally, Spain applied for the export of two Swiss anti-aircraft guns to Ukraine.

Why does the Federal Council say no? According to reports, only Minister of Defense Viola Amherd is in favor of the transfer. The other six Federal Councilors oppose it. These are their main arguments:

    • The War Material Act prohibits direct deliveries to countries at war. It follows from this that the transfer of previously exported material to the Ukraine is also not permitted.
    • The law of neutrality stipulates that Switzerland must treat all warring parties equally. If Switzerland were to allow transfers to Ukraine, it would have to allow Russia to do the same.

Why are things moving now? The FDP, the Green Liberals and the Mitte party have been saying for months: Weapons transfers should be possible. A change of course has only had a real chance since the change of heart at the top of the SP a few weeks ago: since then, a change of direction in parliament has been theoretically possible. The SVP and the Greens are still against it – they argue with neutrality.

Will Parliament decide to change course? That is possible. However, two things complicate matters:

    • Political Jekami: In the last few months and weeks, six (!) approaches have been launched with six different solutions for the transfer of weapons.
    • deviant: The parties are not united on the gun issue. Especially in the SP, not everyone supports the new course.

Probably the most promising proposal looks like this: Certain countries, including the EU states, are theoretically allowed to pass on Swiss war material five years after purchase. Passing it on to a country at war like Ukraine would only be possible if the UN Security Council or a two-thirds majority in the UN General Assembly had formally determined that the country at war is making use of its right to self-defense.

What about the Swiss Leopard 2 tanks?


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This is not about the transfer of Swiss armaments sold abroad to Ukraine. Rather, the question is whether Switzerland should sell some of the 96 Leopard 2 tanks currently mothballed by the Swiss army to Germany. From there, they could at best go on to other EU or NATO countries – but exporting them to Ukraine is not up for discussion.

Legally, an export of the tanks to Germany should be possible, but Parliament would first have to “decommission” the tanks in question, loosely put “released” from the army. There is currently no majority in Parliament for this: the Greens and SVP are against it – they see problems with neutrality. Numerous other bourgeois security politicians are skeptical: They believe that the Swiss army should keep all 96 mothballed tanks for itself and activate them again.

How quickly does Parliament decide? Not quickly, because the crux of the matter is that the most promising initiative does not make it to the plenary session of the National Council and the Council of States. First, the security politicians have to work out a finished legal text. The first decisions in the Council could be made next December at the earliest. This means that rapid indirect arms aid from Switzerland is virtually impossible.

Is loosening compatible with neutrality? That would be questionable. The question of equal treatment remains tricky with several of the proposed solutions that are circulating: That means that Switzerland would have to authorize re-exports to both warring parties – which nobody wants. Suggested solutions that make the transfer of weapons dependent on resolutions by the UN General Assembly are also tricky. According to experts in international law, such resolutions are not suitable for legitimizing such a weapon decision.

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