13 Aug A Swiss Backlash Against International Law?
The Swiss have always represented an unusual blend of pro- and anti- internationalism. For instance, they only recently joined the United Nations, yet the U.N. has more offices in Switzerland than anywhere else in Europe (probably). They remain a weird outlier in continental Europe, surrounded by the EU yet, as far as I know, they haven’t even applied for EU membership. And now, a Swiss Justice Minister, Christoph Blocher, is getting lots of criticism for remarks (in German, French, and Italian) that seemed to sharply criticize using international law to restrain Swiss democracy.
Speaking on August 1 – Swiss National Day, Blocher took umbrage at international law, saying it was restricting direct democracy, notably people’s initiatives and referendums.
This should hardly have come as a surprise. His party, the rightwing Swiss People’s Party, continues to launch or back initiatives that could, if adopted, contravene the United Nations charter on human rights or the European Convention on Human Rights.
That is already the case with one initiative calling for dangerous criminals to be jailed for life, which parliament is currently unable to transform into law. A similar fate could lie in store for other proposals such as a ban on minarets and the deportation of foreign criminals, which was launched on August 1.
Tougher legislation on foreigners and asylum, which was approved by voters in September last year and came into force on January 1, also ran into trouble.
The UN refugee agency maintains that some of the measures in the revised asylum law run contrary to the “spirit and letter” of the 1951 Geneva refugee convention.
Julian,
With respect, this is hardly news. This particular party, the Volkspartei, is well knowing for opposed to the UN and the EU, and is the most right-wing of all parties which comprise the perpetual grand ruling coalition in Switzerland, yet they hold some 25% of the vote. Their whole policy outlook is xenophobic and isolationist. For instance, they forced a referendum on Swiss joining the Schengen Agreement, which barely passed.
And the Swiss, well, they have their peculiarities, like the whole armed citizenry thing and mandatory nuclear shelters in houses sufficient to accept the entire population, etc, etc.
I believe that Vienna hosts more UN offices and staff than Geneva does.
Sigh. More evidence of how law professors or a *certain* ideological bent have an uncanny knack for 1) knowing close to nothing about European politics or law and 2) making smug comments to the effect of …woops, looks like even those silly Europeans are getting fed up with international law, guess that vindicates us!
For your information, prof. Ku, Switzerland is part of EFTA as well as Schengen. It’s also a member of the Council of Europe and OSCE, etc.
It should be remembered that if Switzerland finds foreign treaties in opposition to their desires, they are free to withdraw from them, as are other countries.
If the obligations bother Blocher so, perhaps he should campaign for Switzerland’s withdrawal from said treaties.
Mr. Hu,
Given your basic misunderstanding of Switzerland`s relationship with the EU and your ethnocentric comments, combined with your position as a professor of international law, I fear for the education of your students.