Why Switzerland has sanctioned Ukraine and how it could be lifted

Switzerland largely adopts European Union sanctions against Russia. But to ensure neutrality in a conflict zone, the Swiss government also restricts trade with Ukraine.

The Federal Council writes that it has no other choice than to apply trade restrictions on Ukraine in addition to Russia. 

After four years of emergency powers, it wants to enshrine the emergency sanctions against Ukraine in a formal law and submit it to parliament. 

Read more about the sanctions policy of neutral Switzerland in the article by Swissinfo: Sanctions against Ukraine: why Switzerland took this step and what may change.

Following the launch of Russia’s full-scale aggression against Ukraine, the European Union imposed sanctions on the aggressor state.

Switzerland joined most of these measures.

The EU sanctions against Russia target not only military equipment such as tanks, ammunition, and fighter jets, but a wider range of so-called dual use goods.

The EU aims to prevent such goods from reaching Russia and thereby compel it to stop its war of aggression against Ukraine.

However, Switzerland also extends some of these restrictions – albeit to a limited extent – to Ukraine.

The principle of equal treatment under the neutrality law obliges Switzerland to treat both parties to an international armed conflict equally with regard to the export and transit of war-related goods.

Jörg Künzli, a professor of constitutional and international law at the University of Bern, says the Swiss government is refusing to make any concessions regarding neutrality. "Therefore, the Federal Council felt obligated to introduce restrictions on war-related goods, also to the detriment of Ukraine," he said.

This would mean that while Ukraine would not receive military equipment from Switzerland, it could receive other goods, including those necessary for defense.

There is also another evident inconsistency in Switzerland’s approach.

Sanctions against Russia are introduced on the basis of a clear legislative framework – the Embargo Act. By contrast, no such legislative basis exists for sanctions against Ukraine.

In this case, the Federal Council relies on its constitutional powers to enact measures under emergency law and issues a corresponding government ordinance alongside each EU sanctions package.

However, there is a caveat: Swiss law limits the duration of emergency measures to four years.

For this reason, the Federal Council intends to transform the trade sanctions against Ukraine, initially introduced under emergency law, into a federal statute.

The draft law is currently undergoing public consultation. Only afterward will it be submitted to parliament.

Its passage is unlikely to be smooth. For example, MP Mauro Tuena argues that a one-sided approach to sanctions is incompatible with the country’s neutrality. Meanwhile, MP Franziska Roth insists that the victim and the aggressor cannot be placed on the same footing.

At the same time, an increasing number of voices argue that Switzerland is under no obligation to adopt such a law.

Recent polls show that the Swiss population is prepared to help Ukraine not only with humanitarian aid but also with military assistance.