Hamas will be banned in Switzerland for five years. After the Council of States, the National accepted on Wednesday, by 168 votes to 6, a project from the Federal Council drawn up after the attack by the Islamist group on October 7, 2023. Some of the Greens abstained.
Switzerland must not remain inactive in the face of terror, it must have a clear and firm position, argued Jacqueline de Quattro (PLR/VD) for the commission. It is about sending a signal of peace and protection of the population, added David Zuberbühler (UDC/AR). And to estimate that Hamas represents a threat not only to the region but also to the world. “We must ensure that there is no support for Hamas in Switzerland.”
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This decision aims to ensure the internal and external security of Switzerland, to facilitate criminal procedures and to fight against the financing of terrorism, listed Jacqueline de Quattro. This is to reduce the risk that Hamas and related organizations use Switzerland as a retreat zone.
It will also be more effective and easier to take preventive police measures, such as entry bans or expulsions. In the fight against the financing of terrorism, Swiss authorities will be able to more easily exchange information with their foreign counterparts on financial flows in the event of suspicion. The project allows for a better overview and more transparency on financial flows.
Right of appeal and limited validity
For organizations linked to Hamas to be banned, the Federal Council will have to demonstrate the existence of a particular proximity. The security policy commissions will be consulted. The left tried in vain to demand that the foreign policy commissions also 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.
The validity of the law is limited to five years. It can be extended by Parliament during an ordinary process.
The Federal Council already decided on October 11, 2023 to qualify Hamas as a terrorist organization, following the Islamist group’s attacks. The two Chambers have each already adopted in December 2023 two motions also aimed at banning Hamas.
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