Federal Council wants to ban Hamas and related organizations
Published: Wednesday, Feb 21st 2024, 15:51
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The Federal Council wants to ban the Islamist Palestinian organization Hamas for five years. It submitted a corresponding draft law for consultation on Wednesday. Organizations related to Hamas are also affected by the ban.
The Federal Council hopes that banning the organization will have a "preventive and repressive effect", as it wrote in a press release. The aim is to reduce the risk of Hamas and related organizations using Switzerland as a safe haven. It should also reduce the threat of terrorism in Switzerland.
In addition, the law enforcement authorities could more easily issue entry bans or expulsions. And the ban would allow the authorities to take more targeted action against supporters of Hamas. "However, it is not enough for an organization to pursue the same goals as Hamas," Justice Minister Beat Jans told the media. The organization must have agreed on a course of action with Hamas.
It therefore remains possible to publicly support Palestinian causes, said Jans. "If someone has sympathies for the Palestinian side and demonstrates for it, that is legitimate." The ban on Hamas in Switzerland therefore does not mean a paradigm shift in foreign policy.
Up to twenty years in prison
The ban, which is subject to consultation until May 28, punishes acts of support for Hamas with up to ten years' imprisonment. Individuals who have "significant influence" in the organizations are to be imprisoned for up to twenty years.
Because the ban would have far-reaching consequences for the organizations, groups and individuals concerned, the law is limited to five years, the Federal Council wrote. However, parliament could extend this period.
No threat to Switzerland
Fighters from the Islamist Hamas, which rules the Gaza Strip, attacked Israel on October 7, killing almost 1,200 people and kidnapping 250. Two Swiss citizens were among the victims. In response to the attack, the Federal Council classified Hamas as a terrorist organization.
At present, however, the Federal Intelligence Service (FIS) has no information to suggest that Hamas has the operational means to carry out attacks in Europe or Switzerland, according to the explanatory report.
In Europe, Hamas' networks are therefore mainly focused on financing issues, which have never been formally identified in Switzerland. The ban would make it more difficult for Hamas to use Switzerland as a hub for financial transactions for terrorist purposes, said Jans.
Only Hamas is affected by the ban. However, should it emerge that other organizations were involved in this attack or subsequently allied with Hamas, the law allows for a swift response. The Federal Council could extend the ban to other organizations.
Councillors demand ban
Both the Council of States and the National Council had called for a ban on Hamas in the winter session by adopting the motions of their Security Policy Committees (SIK). Both committees had argued that Hamas had completely discredited itself as an interlocutor with its inhumane attack on Israel at the beginning of October.
In this debate, Carlo Sommaruga, SP member of the Council of States from Geneva and President of the Swiss-Palestinian Parliamentary Group, expressed reservations about banning Hamas. If Switzerland banned organizations other than those banned by the UN, it would be at risk of coming under international pressure. This is the case, for example, with Turkey and the Kurdistan Workers' Party (PKK). A ban on Hamas would also be a mistake in view of Switzerland's potential role as a mediator.
"At the moment, the FDFA (Federal Department of Foreign Affairs) does not maintain diplomatic relations with Hamas," Jans replied to these concerns at the media conference. However, according to the Federal Council, this would be possible in the future despite the ban.
©Keystone/SDA
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