State Department cable discusses the Swiss National Council's (lower house of parliament) declaration to other nations that they continue to respect the Geneva Conventions as "indisputable mimimum standards that may not be qualified under any circumstances."
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PAGE 01 ACTION EUR-00 BERN 005782251618Z RELEASED IN FULL
INFO. LOG-00 DOTE-00 INR-00 OIC-02 NP-00 DS-00 10-00 SS-00 AID-00 EB-00 LAB-01 TEST-00 ACQ-00 FAAE-00 L-00 DSCC-00 CIAE-00 UTED-00 VCE-00 DRL-02 INL-00 DODE-00 VC-00 TEDE-00 DCP-01 NSAE-00 SAS-00 /006W
7A2281 251644Z /38
R 251414Z MAR 02
FM AMEMBASSY BERN
TO SECSTATE WASHDC 4047
INFO USMISSION GENEVA
USMISSION USUN NEW YORK
EUROPEAN POLITICAL COLLECTIVE
UNCLAS BERN 000578
DEPT FOR L/PM, IO/UNP AND EUR/AGS
E.O. 12958: N/A
TAGS: PREL, PHUM, UN, IFRC, UNGA, ICRC, AF, SZ
SUBJECT: SWISS PARLIAMENT URGES NATIONS TO RESPECT GENEVA
CONVENTIONS
REF: STATE 03184
1. SUMMARY: THE SWISS NATIONAL COUNCIL (LOWER HOUSE OF
PARLIAMENT) ADOPTED MARCH 6 A DECLARATION CALLING ON ALL
STATES TO RESPECT THE GENEVA CONVENTIONS, PARTICULARLY IN
TODAY'S FIGHT AGAINST TERRORISM. ALTHOUGH PROMPTED BY THE
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PAGE 02 BERN 00578 251618Z RECENT CONTROVERSY OVER THE TREATMENT OF TALIBAN AND AL QAIDA DETAINEES, THE DECLARATION STOPPED SHORT OF CRITICIZING THE UNITED STATES FOR ITS TREATMENT OF DETAINEES IN GUANTANAMO BAY. FOMIN JOSEPH DEISS WELCOMED THE DECLARATION, ASSERTING THAT INTERNATIONAL HUMANITARIAN LAW MAY NOT BE QUALIFIED IN THE NAME OF FIGHTING TERRORISM. THE NATIONAL COUNCIL'S FOREIGN POLICY COMMITTEE IS PREPARING A GENERAL DECLARATION ON THE GENEVA CONVENTIONS ON JUNE 8 ON THE OCCASION OF THE 25TH ANNIVERSARY OF THE ADOPTION OF THE CONVENTIONS' TWO ADDITIONAL PROTOCOLS. END SUMMARY.
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DATE/CASE ID: 04 NOV 2004 200303827 DOS-001929
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2.
THE DECLARATION ADOPTED BY THE NATIONAL COUNCIL MARCH 6
CALLED ON ALL STATES TO RESPECT THE GENEVA CONVENTIONS AND
ASSERTED THAT THE CONVENTIONS SET INDISPUTABLE MINIMUM
STANDARDS THAT MAY NOT BE QUALIFIED UNDER ANY CIRCUMSTANCES,
INCLUDING IN THE FIGHT AGAINST TERRORISM. THE DECLARATION
STATES THAT TERRORISM CONSTITUTES A CRASS VIOLATION OF
UNIVERSAL HUMANITARIAN VALUES, BUT ALSO EMPHASIZES THAT
TERRORISM MUST BE FOUGHT ON THE BASIS OF THESE UNIVERSAL
PRINCIPLES SET FORTH IN THE CONVENTIONS AND WITHOUT
VIOLATING INTERNATIONAL HUMANITARIAN LAW. THE NATIONAL
COUNCIL SILENTLY ADOPTED THE DECLARATION BY TACIT APPROVAL'
OF ITS MEMBERS.
3.
THE SPONSOR OF THE DECLARATION, THE SOCIALIST (SP)
PARLIAMENTARIAN REMO GYSIN, ORIGINALLY WANTED TO CENSURE THE
UNITED STATES FOR ITS TREATMENT OF TALIBAN AND AL QAIDA
PRISONERS HELD AT GUANTANAMO. HOWEVER, THE NATIONAL
COUNCIL'S FOREIGN AFFAIRS COMMITTEE DECIDED AGAINST
EXPLICITLY MENTIONING THE UNITED STATES ON THE GROUNDS THAT
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SUCH A DECLARATION WOULD HAVE HAD TO CENSURE OTHER
COUNTRIES, TOO. THUS, THE DRAFT DECLARATION WAS MODIFIED TO
CALL ON THE AUTHORITIES OF ALL COUNTRIES TO HONOR THE GENEVA
CONVENTIONS. GYSIN DECLARED HIMSELF DISAPPOINTED THAT THE
DECLARATION FALLS SHORT OF TARGETING THE UNITED STATES. .
"THE PROMOTION OF HUMAN RIGHTS IS A TENET OF SWITZERLAND'S
FOREIGN POLICY AND WE HAVE TO INSIST ON THE RESPECT OF THESE
RIGHTS EVEN IF THE COUNTRY IN QUESTION IS THE UNITED
STATES," HE TOLD SWISS RADIO INTERNATIONAL.
4.
FOREIGN MINISTER JOSEPH DEISS WELCOMED THE DECLARATION
SAYING THAT UNDER PRESENT CIRCUMSTANCES IT WAS APPROPRIATE
FOR SWITZERLAND, WITH ITS HUMANITARIAN TRADITION AND AS THE
DEPOSITARY STATE OF THE GENEVA CONVENTIONS, TO RAISE ITS
VOICE IN FAVOR OF COMPLETE AND UNCONDITIONAL RESPECT FOR
INTERNATIONAL HUMANITARIAN LAW. DEISS SAID THAT HIS
DEPARTMENT HAD EXAMINED THE DECLARATION AND FULLY ENDORSES
BOTH ITS FORM AND CONTENT. BY ADDRESSING THE ENTIRE
INTERNATIONAL COMMUNITY RATHER THAN EXPLICITLY MENTIONING A
SPECIFIC COUNTRY, OPINED DEISS, THE DECLARATION SENDS A
CLEAR BUT BALANCED HUMANITARIAN MESSAGE THAT REMINDS EACH
COUNTRY OF ITS OBLIGATIONS NOT ONLY TO RESPECT THE GENEVA
CONVENTIONS IN ALL CIRCUMSTANCES BUT ALSO, AS SWITZERLAND
DOES, TO CALL ON OTHERS TO DO LIKEWISE.
5.
THE NATIONAL COUNCIL'S FOREIGN POLICY COMMITTEE IS
CURRENTLY PREPARING A GENERAL\ DECLARATION ON THE GENEVA
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CONVENTIONS FOR PUBLICATION ON JUNE 8, 2002, WHICH IS THE
25TH ANNIVERSARY OF THE ADOPTION OF THE CONVENTIONS' TWO
ADDITIONAL PROTOCOLS. AN EMBASSY PARLIAMENTARY CONTACT
ADVISES THAT THE DRAFT FOR THIS DECLARATION CALLS ON ALL
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STATES TO RATIFY AND HONOR THE FOUR GENEVA CONVENTIONS AS
WELL AS ITS TWO ADDITIONAL PROTOCOLS. THE DRAFT TEXT
SPECIFICALLY INCLUDES A REFERENCE TO AN INTERNATIONAL FACT-
FINDING COMMISSION AS SPECIFIED IN ARTICLE 90 OF THE FIRST
ADDITIONAL PROTOCOL. THE FOREIGN POLICY COMMITTEE IS
SCHEDULED TO DEBATE THE DRAFT DECLARATION AT ITS NEXT
MEETING AT THE END OF APRIL. IT REMAINS TO BE SEEN WHETHER
THE COUNCIL OF STATES (UPPER HOUSE) WILL ISSUE A SIMILAR
DECLARATION. DECLARATIONS BY THE SWISS PARLIAMENT AS SUCH
ARE RATHER UNUSUAL. THE LAST TIME THE SWISS PARLIAMENT
RESORTED TO THIS MECHANISM WAS DURING THE GULF WAR.
REYNOLDS
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END OF DOCUMENT »
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