Swiss Criminal Code

¹ The pen­alty is a cus­todi­al sen­tence of not less than three years for any per­son who, in con­nec­tion with an armed con­flict:

a.

causes severe pain or suf­fer­ing or ser­i­ous in­jury or danger, wheth­er phys­ic­al or men­tal, to a per­son pro­tec­ted by in­ter­na­tion­al hu­man­it­ari­an law by sub­ject­ing that per­son to a med­ic­al pro­ced­ure that is not jus­ti­fied by the state of his or her health and which does com­ply with gen­er­ally re­cog­nised med­ic­al prin­ciples;

b.

rapes a per­son of the fe­male gender pro­tec­ted by in­ter­na­tion­al hu­man­it­ari­an law or, after she has been for­cibly made preg­nant, con­fines her un­law­fully with the in­tent of af­fect­ing the eth­nic com­pos­i­tion of a pop­u­la­tion, forces a per­son to tol­er­ate a sexu­al act of com­par­able sever­ity or forces a per­son pro­tec­ted by in­ter­na­tion­al hu­man­it­ari­an law in­to pros­ti­tu­tion or to be ster­il­ised;

c.

sub­jects a per­son pro­tec­ted by in­ter­na­tion­al hu­man­it­ari­an law to es­pe­cially hu­mi­li­at­ing and de­grad­ing treat­ment.

² In es­pe­cially ser­i­ous cases, and in par­tic­u­lar where the of­fence af­fects a num­ber of per­sons or the of­fend­er acts in a cruel man­ner, a cus­todi­al sen­tence of life may be im­posed.

³ In less ser­i­ous cases, a cus­todi­al sen­tence of not less than one year may be im­posed.