CH-MIL-01 — Revocación relacionada con el servicio militar (motivos del art. 30 BüV)

CH-MIL-01 is a revocation route — it describes the criteria under which the State initiates proceedings against a Swiss citizen, not criteria an applicant can satisfy to access a benefit.

BüV Art 30 qualifying offence categories

Revocation proceedings may be initiated where the Swiss citizen has been rechtskräftig convicted of:

1. Terrorism and terrorist financing — StGB Art 260ter (criminal organization), StGB Art 260quinquies (financing of terrorism), Terrorism Acts under special legislation
2. Genocide and crimes against humanity — StGB Art 264 (genocide), StGB Art 264a (crimes against humanity)
3. War crimes — StGB Art 264b-264j (war crimes codified in BüG reform aligned with Rome Statute offences)
4. Murder in the context of organized crime — StGB Art 112 in combination with StGB Art 260ter (criminal-organization membership aggravating factor)
5. Repeated serious offences against persons — StGB Art 296 and related provisions where the pattern demonstrates a threat to public security of a sustained character

The BüV Art 30 list is exhaustive, not illustrative — the SEM cannot initiate Entzug proceedings based on offences not listed in Art 30, even if those offences might be considered comparably serious.

Military service in foreign forces

A distinct sub-category under BüV Art 30 applies to Swiss citizens who voluntarily enter the service of a foreign military or armed group designated as hostile to Swiss interests or as a listed terrorist organization. Voluntary service in a foreign armed organization designated under the Swiss anti-terrorism legislative framework may constitute a qualifying ground for revocation proceedings, subject to the Rechtskräftigkeit requirement being met through a relevant conviction.

Revocation proceedings under Art 42 BüG / BüV Art 30 are initiated by the SEM or by cantonal authorities and proceed as follows:

Step 1 — Detection and referral

The triggering event is typically: (a) a rechtskräftige criminal conviction by a Swiss court for a BüV Art 30 offence, communicated to the SEM by the relevant cantonal criminal justice authority; or (b) intelligence from the Federal Intelligence Service (NDB) or the Federal Office of Police (fedpol) regarding foreign convictions or military-organization affiliations, which may generate SEM review even without a Swiss conviction.

Step 2 — SEM investigation and assessment

The SEM assesses: (a) whether the conviction is rechtskräftig; (b) whether the offence falls within BüV Art 30; (c) whether the person holds at least one other nationality (anti-statelessness check); (d) proportionality — whether the severity of the conduct warrants revocation in light of the person's ties to Switzerland, duration of citizenship, and family circumstances.

Step 3 — Right to be heard (Anhörung)

The person subject to proceedings has a right to be heard (Anhörungsrecht) before a revocation decision is issued, per VwVG (SR 172.021) Art 29. Written submissions may be made. In complex cases, an oral hearing may be held.

Step 4 — SEM revocation decision

If the SEM proceeds, it issues a formal revocation decision (Entzugsverfügung). The decision must be in writing with reasons (begründete schriftliche Verfügung) and must specify the legal basis and the factual findings. The decision takes effect from the date of entry into force — citizenship is lost prospectively (not retroactively, unlike Nichtigerklärung).

Step 5 — Appeal

The revocation decision may be appealed to the Federal Administrative Court (BVGer) within 30 days. BVGer reviews both law and facts. Further appeal to the Federal Supreme Court (Bundesgericht) on points of law is possible but subject to BGG Art 83 lit. b constraints.

Revocation proceedings are initiated by the State — there is no fee charged to the subject of proceedings. Legal representation costs are borne by the subject. Legal aid (unentgeltliche Rechtspflege) may be available where the person has insufficient means.

|-----------|----------|---------|-----|

Distinction from Art 36 Nichtigerklärung: Art 36 nullifies a citizenship obtained through fraud — it is administered by the SEM and operated retroactively. Art 42 Entzug revokes a validly-held citizenship as a sanction for subsequent serious criminal conduct — it operates prospectively from the revocation decision date. BüV Art 30 governs Art 42; a separate BüV Art 41 provision governs Art 36.