Cutting off UNRWA supplies in Gaza could result in Switzerland being accused of violating the Genocide Convention, according to an internal memo from the Federal Department of Foreign Affairs (FDFA). And, therefore, to prosecute Switzerland for complicity while proceedings have already been opened against Israel before the International Court of Justice (ICJ).
This evaluation by the DFAE, which the RTS was able to consult, was passed over in silence. However, it is a key element of the debate around the financing of UNRWA which is currently agitating the Federal Chambers.
The document, which the RTS Investigation Unit was able to consult, was written in February 2024 by the Directorate of Public International Law of the DFAE, a few days after the adoption, by the International Court of Justice, of precautionary measures against of Israel, after a complaint from South Africa for violation of the Genocide Convention in the Gaza Strip.
In this note, FDFA lawyers assess the potential consequences of this procedure on Switzerland in the event that it were to decide to cut off UNRWA’s funding. “One of the crimes of genocide is the fact of subjecting a targeted population to conditions of existence intended to lead to its total or partial physical destruction. From the moment Switzerland ceases to finance UNRWA, it has a direct impact on the living conditions to which the civilian population is subjected and from there, it can fall into complicity in an act of genocide”, explains Philippe Currat, lawyer specializing in international criminal law.
Swiss bonds
“Urgent measures to improve the humanitarian situation are necessary to prevent the risk of genocide,” state the FDFA lawyers in this document. “According to Article 1 of the Genocide Convention, all contracting parties, including Switzerland, are obliged to do everything in their power to prevent genocide. In this case, this applies not only to the delivery of weapons, but above all the provision of humanitarian aid”, they continue.
In this note, the role played by UNRWA in the distribution of food aid in the Gaza Strip is described as central. Cutting off this organization’s resources could have serious consequences, the authors warn: “It cannot be ruled out that Switzerland’s decision could be considered as a potential violation of its obligations in terms of prevention and therefore a violation of the convention on the genocide.” In an interview with RTS, the head of the Directorate of Public International Law Franz Perrez ensures that he has all the arguments to respond to a possible complaint.
A commission not informed
Vice-president of the Swiss Greens and member of the foreign policy committee in the federal chambers, Nicolas Walder is surprised that this document has not been brought to his attention. On April 17, he tabled a motion to ask the Federal Council to assess the risks for Switzerland in the event of cessation of contributions to UNRWA.
>> Watch again at 7:30 p.m. on the UDC motion:
“This document was never mentioned by the Federal Council, never mentioned before our commission. And at no time, these risks, confirmed by this note, of ultimately being accused of not having taken all measures to avoid a genocide, have not been mentioned, despite my requests on this subject”, annoys the national advisor at the 7:30 p.m. microphone.
Reduction of the envelope from 20 to 10 million
On September 9, the National Council followed up on a UDC motion demanding to suspend contributions to UNRWA, for collusion with Hamas. One of its representatives, national advisor Pierre-André Page, believes that the DFA’s note changes nothing in the debate: “We do not have proof that UNRWA does not finance Hamas and as long as we do not “We don’t have this, we are funding other humanitarian associations to continue to help this population who are victims of this war.”
After a temporary suspension, Switzerland has resumed its payments to UNRWA. But the 2024 envelope was halved, from 20 to 10 million francs. The 2025 contribution is subject to approval by the Federal Chambers. The ball is in the court of the Council of States. The Federal Council recommends that parliamentarians not cut UNRWA’s funding. The RTS asked the DFAE to find out why the note from its lawyers was not included in the Federal Council’s arguments. This question remained unanswered.
>> Reread the article on UNRWA financing: Switzerland will finally pay 10 million francs to UNRWA
Claude-Olivier Volluz, Investigation Department
Information developed at 7:30 p.m. on Sunday November 10, 2024
