Switzerland’s Federal Department of Defence, Civil Protection and Sport (VBS) is at the centre of a domestic political scandal after Defence Minister Viola Amherd is said to have barred the department’s legal team from participating in the ongoing talks on acquiring Lockheed Martin’s F‑35 fighter jets.
Background to the F‑35 procurement
The Swiss government has been negotiating a multi‑billion‑franc deal to replace its aging air‑defence fleet with the United States‑made F‑35. The procurement has attracted intense public and parliamentary scrutiny because of Switzerland’s long‑standing policy of neutrality, the high cost of the aircraft and concerns about technology transfer.
Allegations of legal exclusion
According to reporting by 20 Minuten, Amherd “closed off” the ministry’s own jurists from the negotiations, a move that the department has continued to uphold. The article describes the VBS as “mauering” – refusing to open the process – to this day, suggesting a systematic exclusion of legal oversight.
"Amherd excluded her own lawyers from the F‑35 negotiations," the report states.
The alleged sidelining of legal counsel raises questions about compliance with Swiss procurement law, which mandates that major contracts be vetted by in‑house lawyers to ensure transparency and adherence to national regulations.
Political fallout
The controversy has quickly become Switzerland’s top domestic story, drawing criticism from opposition parties and members of the parliamentary defence committee. Critics argue that bypassing legal experts undermines the checks and balances that are central to the Swiss political system, where coalition governments and strong parliamentary oversight are the norm.
Calls for an independent inquiry have been voiced, with some parliamentarians demanding that the VBS disclose the extent of the legal exclusion and the rationale behind it. The issue also feeds into broader public debate over the F‑35 purchase, which has been polarising due to its price tag and potential impact on Switzerland’s defence posture.
Implications for the procurement process
If the allegations are substantiated, the VBS could face legal challenges that might delay or even halt the F‑35 deal. Legal experts warn that any breach of procurement rules could trigger audits by the Federal Audit Office and potentially open the government to litigation from contractors or civil society groups.
For now, the VBS has not responded publicly to the accusations, and the negotiations remain shrouded in secrecy. The episode underscores the delicate balance Swiss officials must strike between securing advanced defence capabilities and maintaining the transparency expected by a politically engaged public.
