Hamas code
The Hamas attack on Israel on 7 October 2023 prompted the introduction of a law that would change Switzerland. Four days after the attack, the Federal Council quickly reclassified Hamas as a terrorist organisation. On 22 October 2023, fedpol was instructed to draft a law proscribing Hamas. This legislation is expected to come into effect in May 2025.
fedpol faced the task of formulating precisely worded, effective and legally watertight legislation to ban Hamas in Switzerland. The political implications were huge and fedpol only had three months to do the job. It was a difficult challenge.
Complex questions arose as early as the preliminary drafting stage: should the ban apply to the entire Hamas organisation or only to its military wing? Hamas is a complex network of organisations, financial channels and propaganda outlets. It is difficult to establish a legal definition of what belongs to this network. What legislation should the new law be based on? Since there is no UN resolution, the Intelligence Service Act was out of the question. Emergency powers were not an option either. After intense discussions, the decision was made to draft a stand-alone act modelled on the law proscribing Al-Qaida and IS. This approach has already proven effective, provides clear guidelines and meets requirements. The preliminary draft was ready within a week: the basic structure was clear and the first explanatory reports were issued. This was an important step, but the bulk of the work still lay ahead.
After this came internal consultations, preliminary consultations and consultations with federal offices. Each response brought new perspectives and necessitated adjustments, and gradually the draft became more precise and clear. At the same time, translations were prepared and each word was carefully checked. The draft was then ready to be submitted for final consultation.
Initial feedback was positive: the political parties were in agreement, and virtually all the cantons backed the bill. However, criticisms were raised regarding the impact that the bill would have on the rule of law, Swiss neutrality and Switzerland’s role. fedpol analysed the situation, adapted the draft and provided more details in its dispatch – the bill’s explanatory report.
Consultations with the relevant federal offices did not yield any significant changes; the preparatory work proved effective. fedpol made a few minor adjustments and then finalised the draft, which was then adopted by the Federal Council on 4 September.
Parliamentary committees then began their analysis of the bill, raising their own questions: Why does the proscription only apply to Hamas? When exactly will the legislation come into effect? What happens if people indirectly support Hamas? fedpol provided clear answers to each of these questions.
Parliament then debated the issue. Even after extensive discussion, it became clear that the proscription of Hamas enjoyed broad political support. The bill was adopted without amendment.
Federal Act on the Proscription of Hamas
and Associated Organisations
The new federal act outlaws Hamas, its front and successor organisations, and groups acting on their behalf in Switzerland. In addition, the Federal Council is empowered to outlaw organisations if they endorse the leadership, objectives or methods of Hamas.
The proscription of Hamas strengthens legal certainty, particularly with regard to combating terrorist financing. At the same time, it facilitates and accelerates preventive policing measures and the presentation of evidence in criminal proceedings.
Anyone who commits an offence under the new act faces up to 20 years imprisonment or a monetary penalty.
‘Behind every piece of legislation are not only words, but also decisions that have far-reaching consequences. Legislation is a commitment, a shield, a promise. The fight against terrorism requires more than just good intentions. It demands clarity, foresight and courage.’
Philippe, Jurist