The terrorist attacks by the radical Islamist Hamas on October 7, 2023 left almost 1,200 dead in Israel. The organization consciously targeted the civilian population. The relevant commissions of national and state councils reacted and called for a ban on the radical Hamas. Today the Federal Council submitted a corresponding law to parliament. This de facto aims to ban Hamas as well as the ban on front and successor organizations.
A larger majority in the Council of States agreed: the radical Islamist Hamas should be banned. The National Council is also expected to follow suit tomorrow. But the effects of the ban are not entirely obvious.
Positive effects…
Since the EU has expanded sanctions against members of Hamas, Switzerland fears that Hamas could use Switzerland as a refuge. With the ban, the police can obtain entry bans more quickly. It could also make it easier to prevent radical ideas on social media. In general: preventive measures would have more solid legal support.
The Federal Council also hopes for more efficient criminal prosecution. It would no longer have to be determined in court that Hamas is a terrorist organization. This should be a relief for prosecutors.
And finally, it is hoped that there will be a better overview of Hamas's terrorist financing in Switzerland: banks and other financial service providers would have to report when assets are shifted to benefit the organization. The Money Laundering Reporting Office can exchange more information regarding terrorist financing with foreign authorities. It is expected that the reporting office will receive more information from financial intermediaries.
… and negative effects
Although the Federal Council agreed to the Hamas ban, there were fears that Switzerland could come under pressure: there could be a desire for Switzerland to ban other groups after Hamas. Today, the Council of States promptly adopted a motion calling for a ban on Hezbollah.
According to the Federal Council, by banning further organizations, Switzerland could limit its scope as a possible mediator between conflict parties. Therefore, unlike other countries, Switzerland does not keep a list of terrorist organizations. In general, the hurdles for banning organizations in Switzerland are high.
But there were only a few such voices in the Council of States today. The tenor was that Switzerland must also face its responsibilities. Parliament's Nordic decisions could fundamentally represent a turning point in Switzerland's dealings with terrorist organizations.
