Dear Office of the Prosecutor
We write on behalf of GJFS, an organization dedicated to justice and human rights, to bring to
your attention a serious situation of ongoing crimes against humanity in Switzerland. These
crimes, originally documented as historical abuses in Switzerland’s past, are persisting today
in modern and systemic forms.
We respectfully urge the Office of the Prosecutor to examine this situation under Article 17
of the Rome Statute – the principle of complementarity – as Swiss authorities are unwilling
or unable to genuinely investigate and prosecute the perpetrators.
Historical Context of Abuses in Switzerland
Switzerland has officially acknowledged a dark chapter of widespread, state-sanctioned abuse perpetrated throughout much of the 20th century. Hundreds of thousands of children and young adults were subjected to forced placements and other compulsory social measures up until 1981, suffering severe physical, psychological, and sexual harm. Many were forcibly taken from their families (so-called Verdingkinder or “contract children”), exploited as labor, institutionalized without due process, or subjected to forced adoptions and sterilizations. In 2013, a Federal Councillor of Switzerland publicly apologized to all victims of these policies, acknowledging the great suffering inflicted. This apology and accompanying measures (including a 2017 law providing limited reparations) represent Switzerland’s admission that such acts – carried out under the guise of “welfare” – were grave injustices. Last Friday, the Swiss media reported that starting in 2026, the Canton of Zurich is to pay solidarity contributions to people who were affected by coercive welfare measures and out-of-home placements by authorities in the Canton of Zurich. Those affected are to receive a one-time contribution of 25,000 Swiss Francs, financed from the general state budget. The Cantonal Council is requesting a framework credit of 20 million Swiss Francs from the Cantonal Parliament. This amount is based on the assumption that around 800 applications will be received and approved. The framework credit will be financed from general state funds.Notably, however, no criminal accountability was imposed on those responsible; the response was remedial rather than punitive. The Swiss government chose to compensate and memorialize victims rather than prosecute perpetrators of these past atrocities.
Continuation of Abuses in Modern Forms
Tragically, the same fundamental patterns of abuse continue in Switzerland today, albeit in modernized, more subtle forms. State-mandated actors – including the Child and Adult Protection Authority (KESB), appointed psychiatrists and guardians, and other private institutions contracted by the state – are carrying out coercive measures against vulnerable individuals that echo the earlier atrocities. Under the current child and adult protection system (established nationwide in 2013), authorities intervene in the lives of thousands of citizens, often with indefinite, draconian measures imposed in the name of “protection” or “care.” Families are still being broken apart and individuals deprived of their autonomy through tactics that amount to psychological and emotional abuse rather than physical force. These measures include:-
Unjustified family separations and forced foster placements: Children are removed from parental
custody and kept in institutions or foster care with little recourse for the families, sometimes
on tenuous grounds. Parents and children experience prolonged family alienation, akin to the forced
removals of the past (albeit now justified bureaucratically).
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Coercive psychiatric interventions: Adults (and sometimes youths) deemed “difficult” or not conforming
to expected norms are subjected to forced psychiatric hospitalizations, medication without genuine
consent, and other involuntary treatments. Such forced psychiatric measures often lack rigorous judicial
oversight, resulting in de facto detention and chemical restraint of individuals who have not committed
any crime – mirroring the arbitrary deprivations of liberty from prior decades.
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Emotional and psychological abuse: Numerous reports indicate that wards under state care endure mental
abuse and neglect. The tactics are subtle – intimidation, degrading treatment by officials or caregivers,
isolation from support networks – but amount to severe trauma. While no longer called “punishment,” the
effect on victims’ dignity and mental health is comparable to earlier eras of institutional abuse.
Critics within Switzerland have described the KESB as exercising unchecked power “over the heads of children, parents and seniors” who cannot effectively defend themselves. Even Swiss parliamentarians and civil society groups have warned that the authorities intervene without sufficient cause, acting as a de facto “fourth branch of government” beyond accountability. In short, the modus operandi of these child/ adult protection authorities is one of broad, unchecked coercion – a modern echo of the very crimes against humanity for which Switzerland has already apologized in principle.
Economic Incentives and Institutional Motivations
A particularly concerning aspect is the profit motive embedded in these coercive systems. Multiple observers have noted that the network of state-mandated guardians, psychiatric institutions, and private care contractors benefit financially from the perpetuation of these interventions. The operation of KESB and its associated institutions generates significant revenue through case management fees, institutional care costs, and related services as well as health insurance benefits. In other words, there are economic incentives to continue placing or keeping individuals under supervision and treatment. Swiss commentary has explicitly questioned whether financial interests are being put ahead of the welfare of those supposedly being “protected”. An analysis of KESB cases highlights “immense costs” incurred by the authorities’ extensive involvement – funds that flow to agencies, care homes, legal guardians, and experts. This creates a structural conflict of interest: the longer a person remains institutionalized or under guardianship, the more these actors profit from public funds or assets of the very people they control. We submit that this systemic profiteering encourages excessive, prolonged interventions, effectively exploiting vulnerable persons under color of law. Such exploitation for economic gain, when carried out knowingly as part of a broad policy, is incompatible with basic human dignity and international law, and bears resemblance to enslavement or other inhumane acts.Failure of National Authorities to Ensure Accountability
Despite the gravity and scale of these ongoing abuses, Swiss judicial and political authorities have systematically failed to investigate or prosecute the individuals responsible.There exists in Switzerland a pervasive unwillingness to treat these acts as criminal offenses. No meaningful criminal inquiries are opened when, for example, a guardian abuses their ward’s rights or a psychiatrist unjustifiably detains a patient for profit. Victims and their families who seek justice through domestic channels are met with inaction or superficial administrative reviews at best. Refugees in general lack of friends and rights in Switzerland. Even as the federal government and parliament publicly acknowledged the wrongfulness of past coercive social policies, they have not established any effective mechanism to police the modern incarnations of the same conduct. Complaints are often dismissed under the rationale that these are “administrative matters” or that the authorities acted within their discretion. In practice, this amounts to systematic impunity: those implementing abusive measures today operate with the assurance that they will not face any criminal consequences within Switzerland.
It is important to stress that Switzerland’s failure is not due to lack of capacity – its judicial system is functional – but rather a lack of will to confront these abuses. Swiss officials, perhaps out of institutional self-interest or fear of scandal, are unwilling to genuinely carry out investigations against fellow state agents involved in child and adult protection. This stance aligns with the “unwillingness” criteria under Article 17(2) of the Rome Statute, which notes that a State’s inaction or biased handling of a situation, especially for the purpose of shielding perpetrators, demonstrates unwillingness to provide justice.
The ongoing impunity effectively shields those responsible, which is precisely the scenario in which the ICC’s complementarity principle mandates international intervention. Indeed, far from prosecuting such conduct, Swiss political bodies have sometimes even resisted reforms that would impose stricter oversight. A 2015 popular initiative sought to curb KESB powers and enhance oversight, reflecting public outrage, yet to date no robust oversight or accountability regime exists. The end result is that perpetrators remain at large and victims have nowhere to turn domestically for justice.
ICC Jurisdiction and Request for Action
The Rome Statute empowers the International Criminal Court to act when national authorities are unable or unwilling to do so.We submit that the situation described here – a widespread and systematic attack on a civilian population (specifically, socially vulnerable children and adults in Switzerland) through acts of enforced placement, involuntary psychiatric confinement, family separation, and other inhumane treatment – squarely falls within the ICC’s subject-matter jurisdiction as crimes against humanity (Art. 7). These acts are not random or private crimes; they are carried out by state actors and institutions as a matter of policy, in furtherance of what is claimed to be “social welfare” but in truth inflicts great suffering on a definable civilian population (the marginalized, the mentally ill, the dissenting families). They involve, inter alia, “imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law” and “other inhumane acts… intentionally causing great suffering or serious injury to body or to mental health”.
All elements of crimes against humanity – including the requirements of a widespread/ systematic nature and a policy underpinning the attack – appear to be satisfied by the facts at hand.
Moreover, the precondition of complementarity (Article 17) is clearly met. Switzerland, as a State Party to the Rome Statute, has jurisdiction over these crimes but has proven unwilling to carry out any genuine investigation or prosecution. Article 17(1)(a) provides that the ICC may deem a case admissible if the national system is unwilling or unable genuinely to proceed. Here, the persistent inaction of Swiss authorities – despite ample evidence and even their own acknowledgment of the issues – demonstrates an unwillingness to bring the perpetrators to justice. There are no domestic proceedings whatsoever targeting these abuses; thus no risk of infringing on national sovereignty by ICC intervention. In fact, ICC involvement would complement and encourage Swiss efforts by upholding the rule of law where national authorities have fallen gravely short.
We emphasize that this communication is kept general without naming individual victims, because many victims fear retaliation or legal repercussions if they come forward. Their fear further underscores the climate of intimidation and the lack of protection for whistleblowers under the current Swiss system.
In light of the foregoing, we respectfully request that the Office of the Prosecutor take cognizance of this situation and initiate a preliminary examination into the commission of crimes against humanity in Switzerland’s contemporary child and adult protection regimes.
Such an action would signal to the victims that the international community hears their pleas, and it would put Switzerland on notice that its systemic human rights abuses cannot continue with impunity. The Swiss government’s past apologies ring hollow while similar abuses persist; only a genuine pursuit of accountability can break the cycle. If Switzerland is unwilling to act, the ICC must fulfill its mandate to ensure that those who orchestrate or enable organized abuse of fundamental human rights are held accountable under international law.
We appreciate your attention to this urgent matter. Please know that our organization, GJFS, stands ready to assist the Office of the Prosecutor by providing further information, victim testimonies (confidentially, given the risk of reprisals), and legal analysis as needed. We trust in the ICC’s commitment to justice and to protecting vulnerable populations from crimes that a nation refuses to redress.
Sincerely,
Gabriel Morales Abellán
GJFS – Gesellschaft für Justizvollzug & Familienrechtsreform mit Standards
Organization Submission to the ICC Office of the Prosecutor
No individual victims are named herein, in order to safeguard those fearful of retaliation.