To: The Swiss Federal Council and the Federal Department of Foreign Affairs (FDFA)
Bern , March 27th 2026
Subject: Formal Request to Convene an Emergency Meeting of the High Contracting Parties to the Geneva Conventions Regarding the Proposed Law on the Execution of Palestinian Prisoners
Dear Sir/Madam,
We respectfully address the Swiss Government with this urgent formal request, in light of Switzerland’s distinguished legal role as the depositary state of the 1949 Geneva Conventions. This request comes against the backdrop of the grave development represented by the approval by the Israeli Knesset’s National Security Committee of a draft law permitting the imposition of the death penalty on Palestinian prisoners. This development constitutes a highly alarming escalation within a broader pattern of systematic policies aimed at undermining the legal protections afforded to protected persons under international law.
Should this legislation be enacted, it would constitute a flagrant violation of international humanitarian law, particularly the Geneva Conventions of 1949, which guarantee the protection of prisoners and persons under occupation, and prohibit the infringement of their fundamental rights or their subjection to arbitrary punitive measures lacking the guarantees of a fair trial.
Furthermore, the proposed law stands in direct contradiction with international human rights law, notably the International Covenant on Civil and Political Rights (ICCPR), which imposes strict limitations on the application of the death penalty and requires the highest standards of justice and due process—standards that cannot be met within a judicial system operating under occupation and suffering from documented structural deficiencies in its treatment of Palestinian prisoners and civilians.
The adoption of such a law would open the door to executions of a retaliatory and discriminatory nature based on national identity, representing a dangerous escalation in the treatment of Palestinian prisoners, who are considered protected persons under international law. Its implementation in the context of occupation and armed conflict may amount to a war crime.
The legal basis for this request is grounded in the following principles:
- Common Article 1 of the four Geneva Conventions of 1949, which obliges States Parties not only to respect the Conventions but also to ensure their respect in all circumstances;
- Switzerland’s legal role as the Depositary State, which empowers it to convene consultations or meetings among States Parties in cases of serious violations;
- The customary rules of international humanitarian law, which impose on the international community the obligation to act to prevent grave breaches;
- The principles of State responsibility for internationally wrongful acts, particularly the obligation of non-recognition of unlawful situations and the duty not to aid or assist in their continuation;
In light of the above, we respectfully call upon your Government to:
Formally and urgently convene an extraordinary meeting of the High Contracting Parties to the Geneva Conventions, with the aim of adopting a clear and unified international position to prevent the enactment or application of this law, to activate international protection mechanisms for Palestinian prisoners as protected persons, and to consider appropriate legal and diplomatic measures to ensure compliance with international humanitarian law.
Any delay in convening such a meeting may lead to consequences that are irreversible both legally and humanitarianly.
Respectfully,
Geneva Centre for Democracy and Human Rights – Geneva
International Justice Forum – Istanbul
International Union of Jurists – Geneva Branch