Swiss Federal Council Decision on Banning Hamas

On 22 November 2023, the Swiss Federal Council proposed legislation to ban Hamas as a terrorist organization in Switzerland, with a draft expected by February 2024. This decision was prompted by latest Hamas attacks on Israeli civilians since October 2023. It has led to the termination of contracts with three Palestinian NGOs, though a review found no financial irregularities. Justice Pour Tous Internationale opposed the ban, citing concerns over its impact on NGO funding, humanitarian aid, freedoms of speech and assembly.

Swiss Federal Council Decision on Banning Hamas On 22 November 2023, the Swiss Federal Council decided to propose a federal act to Parliament banning Hamas in Switzerland. The legislation is scheduled to be prepared by the end of February 2024, which implies that the ban could come into effect after this date, depending on parliamentary procedures and subsequent legal requirements. The Association “Justice for All International” does not support such a decision of the Swiss Federal Council. This decision raises serious concerns as it adversely affects the work of some NGOs, having already deprived them of funding. The implementation of this decision could further complicate humanitarian aid, exacerbating the situation. Moreover, it may stifle freedom of speech, peaceful assemblies, and association inside Switzerland. General concerns about this was announced in the UN press release:

On 11 October 2023, following attacks by Hamas from the Gaza Strip against civilians in Israel, the Swiss Federal Council adopted a stance that Hamas should be considered a terrorist organization and tasked the Federal Department of Foreign Affairs (FDFA) to explore legal options for this designation. Consequently, a decision was made to develop legislation banning Hamas, considered the most appropriate response to the situation in the Middle East since 7 October.

The Federal Council also instructed the FDFA to conduct a detailed analysis of financial flows linked to NGO partners within the 2021–24 cooperation program. The analysis did not reveal any irregularities, but resulted in the termination of contracts with three Palestinian NGOs. Finally, the Federal Council emphasized the need to respect international humanitarian law and protect civilians, calling for human rights to be upheld and supporting efforts to resolve the conflict based on a two-state solution.