On 6 July 2022, the Swiss Federal Administrative Court republished its judgment of 6 July 2022, E-2943/2019, as a reference judgment due to its particular relevance for similar cases. The case concerned military service in Syria, and confirmed that refusing to perform military service or leaving Syria illegally do not give rise to a well-founded fear absent other risk-impacting circumstances.
Art. 3 Asylum Law, Art. 1 A ciph. 2 Geneva Convention: Relevance of the impending punishment for desertion. Military service cannot be considered as a legitimate civic duty if a person was forcibly recruited in a country where military service is not compulsory. Even if military service is compulsory, it cannot be regarded as a legitimate civic duty if it involves participation in acts banned by international law and proscribed by the international community. In such situations, the threat of punishment due to desertion may be relevant for the granting of asylum.