A/HRC/45/9/Add.1 related activity in some cases.2 With respect to private military and security companies, Switzerland has been at the forefront of developing international regulatory initiatives to raise standards for the industry and of adopting its own legislation to apply international standards to private security services abroad. 7. The visit was an opportunity for the Working Group to examine the extent to which the efforts of Switzerland at the international level and within its borders could be considered a good practice, building on its analysis of Swiss and other national regulation in Europe (A/HRC/30/34), as well as to look at potential challenges to effective implementation. Within Switzerland, the increasing use of private security merited reflection on the regulation of private security companies operating domestically and on the human rights impacts that their activities may have. The Working Group also considered the role of State and non-State clients of such companies in setting standards, ensuring the respect of human rights, and facilitating remedies and reparations in case of human rights abuses by contractors. 8. During the visit, the Working Group took into consideration the principles of cantonal autonomy and decentralization which are fundamental parts of the Swiss political and legal landscape, noting the particular implications for private security services provided domestically. Furthermore, it was of interest to study the implications of such a highly decentralized political system on the applicable regulatory frameworks. III. Mercenaries and mercenary-related activities A. Legal framework 9. The International Convention against the Recruitment, Use, Financing and Training of Mercenaries defines a “mercenary” as someone who is specially recruited locally or abroad in order to fight in an armed conflict and is motivated by private gain, among other criteria.3 10. Switzerland is not a State party to this Convention. It has, however, ratified the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), which contains a similar definition of mercenaries and further provides that mercenaries “shall not have the right to be a combatant or a prisoner of war” (art. 47). There are no national laws in Switzerland specifically on mercenarism. Officials noted that ratification of the International Convention was not under discussion, arguing that the existing legal framework was sufficient to address current mercenary or mercenary-related activities. They also highlighted the practical difficulties in determining all components of the international legal definition, specifically meeting all the cumulative elements and proving the subjective aspects, notably motivation. They explained that the principle of neutrality could be interpreted as entailing an element prohibiting Swiss citizens from working as mercenaries. 11. In order to give effect to this principle and in the interest of preserving the country’s defensive capacity, article 94 of the Military Criminal Code covers foreign military service and prohibits all Swiss citizens from serving in a foreign army without authorization from the Federal Council, and from recruiting or facilitating the recruitment of Swiss citizens into a foreign military service. The provision does not apply to those holding double nationality and undertaking military service in the State of their second nationality, and does not make reference to motivation. Offences committed under article 94 are punishable with a sentence of up to three years, or a monetary penalty.4 2 3 4 See A/71/318 and A/70/330. See art. 1. Peine pécuniaire/Geldstrafe; see www.admin.ch/opc/fr/classified-compilation/19270018/index.html. 3