On neutrality and cyber defence

Neutrality is a concept of international law, which the Swiss Confederation adopted in 1815. Its current idea goes beyond the legal requirements set by The Hague Convention of 1907. The convention comprises mainly of territorial definitions relevant for conventional warfare. Switzerland, on the other hand, defines the idea of neutrality more broadly. Considerations on its cyber neutrality policy could also be applied to other countries that claim to be neutral or impartial. We take Switzerland as an example for a case study, as it has the longest continuous tradition of neutrality. Due to the non-territorial character of cyber conflict, the conventional practices of Switzerland's neutrality and foreign policy are confronted with challenges: Major challenges are posed by the clash between national interest and the self-restrictions of neutrality policy. The national interest demands a strong cyber security capacity and an effective defence capability. However, this might only be achieved by means of international collaboration and knowledge exchange. This collides with the principle of impartiality and non-intervention in international conflict, a core-concept of neutrality. A new concept for neutrality in cyberspace has to be developed, which builds on the foundation of Switzerland's tradition as a neutral country in the international community. This paper outlines the inherent problem of neutrality and cyber defence. We describe Switzerland's neutral tradition, how it has developed since 1815 and its current characteristics, described as active neutrality policy. Furthermore, we illustrate Switzerland's involvement in cyber activities and outline where these involvements reach their limits. Finally, an outlook on future implementations of neutrality policy is made