Unlike Hamas, Hezbollah should not be banned in Switzerland, believes the Federal Council, which opposed this request from the two security policy committees. The conditions are not met, he said in his response published Thursday.
After the Hamas attack on October 7, 2023, Hezbollah positioned itself as an ally of the latter, noted the National commission in its motion. The situation has changed, Hezbollah must therefore be put on the same footing as Hamas, added its counterpart in the Council of States in a similar text.
A paramilitary and political force in Lebanon, Hezbollah is a “radical Islamist terrorist organization responsible for numerous acts of violence and human rights violations,” says the argument.
The commissions also emphasize that the Lebanese movement is already considered a terrorist organization by several states and organizations.
A “moderate” practice
The Federal Council does not have overall jurisdiction to prohibit organizations, he noted on Thursday. Such a ban is possible under the intelligence law, which has been done for the Al-Qaeda and Islamic State groups.
In this scenario, two conditions must be met: the organization must, directly or indirectly, propagate, support or promote terrorist activities or violent extremism, and it must be banned or sanctioned by the UN. However, it has not taken any decision concerning Hezbollah.
The other possibility is to create a special law, as was decided for Hamas. The Federal Council reacted in a “targeted” manner to the “unprecedented terrorist attacks” of October 7, 2023, he recalled. Switzerland therefore sticks to its current practice, which is to ban organizations only on a case-by-case basis for extremely serious reasons.
The ban on Hamas should not mean a paradigm shift for Switzerland in its “moderate” practice in terms of banning organizations, believes the government, for which it is appropriate to follow this political line, and not to extend the list of prohibited organizations.
Debates at the winter session
Parliament will consider these two motions during the winter session, which begins next week. He will also rule on the law aimed at banning Hamas.
The Federal Council’s plan provides for a five-year ban on Hamas. The organizations serving as its cover, those which emanate from it as well as the organizations and groups which act on its order or in its name are also targeted.
>> Reread: The Federal Council wants to ban Hamas in Switzerland for 5 years
For them to be prohibited, the Federal Council will have to demonstrate particular proximity to Hamas. The security policy committees will be consulted. The ban on an organization or group can be appealed to the Federal Administrative Court.
The Federal Council has decided not to enact a specific penal provision. The Penal Code already punishes participation in and support for criminal and terrorist organizations. A custodial sentence of up to 20 years or a monetary penalty is provided.
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