The Federal Council does not want to ban Hezbollah in Switzerland

Unlike Hamas, Hezbollah should not be banned in Switzerland. The Federal Council is opposed to 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, indicated 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, according to the argument. It is already considered a terrorist organization by several states and organizations. Hezbollah also poses a threat to the stability of the entire region.

Two possibilities

The Federal Council does not have overall jurisdiction to prohibit organizations, he recalled. 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 banning organizations. It is appropriate to follow this political line, and not to extend the list of banned organizations, according to the government.

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.

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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