ASAP-CH
Coalition of Lawyers for Palestine Switzerland
Association suisse des Avocat·es pour la Palestine
Schweizer Gesellschaft der Anwält·innen für Palästina
ASAP-CH

LITIGATION – 2026/01/25

ONGOING

WEF Davos: Criminal complaint against Nir Barkat for crimes against humanity and the crime of genocide

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In collaboration with other organizations, ASAP has filed a criminal complaint against Nir Barkat. The Israeli Minister of Economy and Industry is currently in Davos for the World Economic Forum (WEF).

From 2008 to 2018, Nir Barkat served as mayor of Jerusalem and actively supported the settlement of the city, notably through the development of housing projects that are illegal under international law; the intensification of repression and surveillance; and the implementation of an urban policy of apartheid.
In his current role as Israeli Minister of Economy and Industry, Nir Barkat has also played a central role in overseeing the economic management of the genocide, as well as the transition from an “economy of occupation to an economy of genocide”.

Swiss Jurisdiction:
According to Art. 264m, para. 1, of the Swiss Criminal Code: “”Any person who commits abroad any of the acts referred to in Titles 12bis [genocide and crimes against humanity] and 12ter [war crimes] (…) is punishable if they are in Switzerland and are not extradited or surrendered to an international criminal court whose jurisdiction is recognized by Switzerland."
Mr. Barkat is currently on Swiss territory. Switzerland therefore has jurisdiction, and an investigation must be opened into the acts referred to in Titles 12bis and 12ter of the Swiss Criminal Code.

Legal provisions invoked:
Title 12bis–Genocide and Crimes Against Humanity:
- Genocide, pursuant to Art. 264 of the Swiss Penal Code;
- The crime against humanity of apartheid, pursuant to Art. 264a of the Swiss Penal Code;
- The crime against humanity of forcible transfer of population, pursuant to Art. 264a, para. 1, subpar. c of the Swiss Penal Code.

Lack of Immunity
Nir Barkat does not enjoy any of the three forms of immunity provided for by law:
- His presence in Davos does not constitute an official mission that, as such, would be entitled to special protection: the WEF is organized by a private entity and is neither an intergovernmental conference, nor an international body, nor an official meeting of a state.
- Functional immunity does not preclude the initiation of proceedings when the alleged acts constitute serious international crimes.
- Personal immunity is also inapplicable, as it is reserved for heads of state, heads of government, and ministers of foreign affairs. A minister of the economy does not fall within this category.

For these reasons, ASAP and the other participating organizations request that the Office of the Attorney General of Switzerland:
- Process the complaint as a matter of urgency;
- Proceed with the immediate arrest of Nir Barkat;
- Open a criminal investigation against him for crimes against humanity, genocide, and any other relevant international crimes.

“This legal action is a moral obligation toward the Palestinians of Gaza and toward all Palestinians who have been subjected for decades to a genocidal economic regime. It serves as a reminder that international accountability must be enforced: no state or official involved in genocide should be granted impunity.”
Majed Abusalama, president of ASAP.


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Assessment by the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. Report of July 2025 (A/HRC/59/23, para. 91).

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