A Swiss military court has convicted 49-year-old Avi M. of Schaffhausen for serving in the Ukrainian army, sentencing him to 18 months in prison — suspended for four years — in the first such prosecution of a Swiss citizen who fought against Russia.
The Thursday ruling in Meilen, Zurich, underscores the tension between Switzerland's strict neutrality laws and individual citizens who have chosen to join Ukraine's defense. Unlike most Western nations, Switzerland prohibits its citizens from serving in any foreign military, according to SWI swissinfo.ch.
The case marks the first time Swiss authorities have prosecuted a citizen for foreign military service since Russia launched its full-scale invasion of Ukraine in February 2022. Thousands of foreign volunteers from over 50 countries have joined Ukraine's International Legion, but Swiss law treats such service as a criminal offense regardless of the cause.
"Many things that would be right are illegal"
Avi M. openly discussed his deployments in a January 2023 interview with Swiss public broadcaster SRF.
"My basic motivation has always been the same: I don't want to pack any more small children in plastic bags," he said at the time. "And if my work results in just one less, it's already been worthwhile."
He acknowledged knowing he would face legal consequences upon returning to Switzerland. "Many things that would be right are illegal," he said.
The military court cited his own television appearance as primary evidence of foreign military service, along with Instagram posts, media reports, and a Europol list of potential mercenaries. The presiding judge noted that his participation in the broadcast was voluntary.
Defense claims lack of evidence for combat role
The accused, who holds dual Swiss-Israeli citizenship and now lives in Israel, did not attend the trial. According to the indictment, he served with an international volunteer force alongside the Ukrainian army between February 2022 and December 2024 — nearly the entire duration of Russia's full-scale invasion.
The prosecution — the military auditor — had sought a six-month unconditional prison sentence, citing his prior convictions and arguing that jail time was necessary to prevent further deployments to Ukraine.
His defense attorney pushed for acquittal, arguing that no objective evidence proved he participated in combat or served on the front lines. "The charges were based solely on media reports," she said. "Even his mother hardly believes anything he says."
The accused's mother testified that she typically disregards "80 percent of what he tells her" and described him as someone who "always liked weapons" but had dropped out of Swiss military basic training two weeks before completion. He had never been formally diagnosed with any condition, she said, though "something was wrong with him."
Switzerland's neutrality tested by Ukraine war
The verdict is not yet final and remains subject to appeal to the Court of Cassation.
The case comes as Switzerland grapples with its neutrality doctrine amid Russia's invasion of Ukraine. While Bern has adopted EU sanctions against Russia and committed $5.5 billion in humanitarian and reconstruction aid through 2036, it continues to block arms transfers and prosecutes citizens who take up arms abroad.
Switzerland has faced mounting criticism from European allies for refusing to allow re-export of Swiss-made weapons to Ukraine. The Netherlands and Germany have begun avoiding Swiss arms purchases over these restrictions, straining diplomatic relations.
The Swiss military has indicated it could deploy approximately 200 peacekeepers to Ukraine within 9-12 months if a ceasefire is reached and the UN requests support — though any such deployment would require government and parliamentary approval.
