Following long months of bureaucratic processes, the Hamas ban in Switzerland finally came into effect last week.
The bill was drawn up by the Swiss government at the request of parliament, following the October 7 attacks. It targets both Hamas itself and any organizations that serve as a cover for the Islamist terrorist group, as well as organisations and groups that “act on its orders or in its name,” and entails up to 20 years in prison for such activities.
Reflecting the decentralized nature of Swiss politics, the process was lengthy and bureaucratically complex, starting with a decision from the Swiss Federal Council that was made as early as October 11, 2023, passing through a long debate and legislation process which ended last December, and culminating with the current five year ban, which came into effect last week.
This marks a landmark decision in Switzerland, a country that prides itself on its longstanding tradition of neutrality regarding conflicts and international issues.
The US and Israel had designated some Swiss-based actors as Hamas-affiliated in the past. One of these was the Association for Palestinian Aid (ASP), a group which was accused by both countries of acting on behalf of Hamas under a humanitarian guise. Though now defunct, some ASP officials have moved on to establish new groups and continue their activities elsewhere.
One such individual, who was listed as ASP’s ex-director, is Khaled Al-Shouli, named by Al-Jazeera “Hamas’s lawyer,” who represented the terrorist group in European courts and who was sanctioned by France late last year.
Likewise, ASP’s former treasurer, Larbi Guesmi, who is affiliated with the Muslim Brotherhood, made headlines in local Swiss media several years ago as an “apologist of terror” following posts he wrote supporting suicide bombings. Another one, Anouar Gharbi, was listed as a founder and secretary of ASP, and moved on to establish his own group named “Rights for All.”
In his past, he was part of other groups sanctioned by Israel in 2013 as Hamas-affiliated, including the Council on European Palestinian Relations (CEPR).
Finally, in 2013, Israel also designated Ramy Abdu, chairman of the Swiss-based Euro Mediterranean Human Rights Monitor and the brother-in-law of Hamas leader Mohammad Al-Jamassi, as a prominent member of Hamas’s European Bureau.
However, despite these designations, Hamas affiliates were free to roam Switzerland, as the group was not deemed a terror group in the country - until now. The Jerusalem Post reached out to David Zuberbühler, a Swiss parliamentarian who was one of the first initiators of the ban on Hamas, to hear more about the process and its implications.
Swiss parliamentarian: “What was previously legally possible is banned from today”
Zuberbühler reflected on the long road to achieving the prohibition that finally came into effect. "The path to the Hamas ban was definitely long–too long," Zuberbühler said, noting that there had been several parliamentary initiatives before October 7th, but all failed to find political support.
The Swiss politician explained that it was only after the horrific events of October 7, 2023, that the necessary momentum developed. While he expressed satisfaction that the ban has finally been implemented, Zuberbühler also voiced regret that such important security policy measures cannot be realized more quickly in Switzerland.
He described the bureaucratic process that was required, which first involved a mandatory consultation procedure where cantons, parties, and other interested actors could comment on the draft legislation. Only after this consultation did deliberations follow in the security policy committees, before parliament could finally decide on the law in December.
"This shows that in Switzerland, even in security-relevant matters, great weight is placed on democratic procedures, which is fundamentally important but can also lead to significant delays in urgent cases," Zuberbühler commented.
The parliamentarian noted that a similar time-intensive process is currently underway for a possible ban on Hezbollah, requiring patience despite the obvious urgency.
Regarding the practical implications of the ban taking effect, Zuberbühler said Switzerland was sending a clear signal that the country does not tolerate terrorist organizations or structures that endanger security and the values of an open society. He emphasized the importance of early detection and consistent prevention of possible terrorist activities and networks on Swiss soil.
The ban means that any form of support for Hamas – whether financial, propagandistic, or organizational – can now be prosecuted criminally, Zuberbühler explained. This includes spreading Hamas content on social media when such behavior is considered support for a terrorist organization. He warned that even actions like liking, sharing, or forwarding Hamas content could be punishable, similar to existing laws regarding ISIS or Al-Qaeda propaganda.
Zuberbühler noted that at demonstrations, clear boundaries now apply, with the display of Hamas symbols or flags prohibited. He also stressed that, while activism for the Palestinian population remains legitimate, it becomes criminal if it benefits Hamas in any way or spreads its ideology.
The politician stressed that financial transfers to Hamas – whether intentional or in good faith to provide humanitarian aid – are now prohibited. "What was previously legally possible is banned from today: anyone who transfers money to Hamas is now committing a crime," he said.
When asked about enforcement mechanisms, Zuberbühler explained that implementation lies with the responsible authorities, primarily police, intelligence services, and law enforcement agencies. As a politician, he said he cannot control operational implementation, but can contribute to creating the legal foundations and political framework conditions necessary for authorities to act effectively and decisively.
Finally, Zuberbühler added that he was not familiar with specific names of Hamas affiliates operating in the country. He called for any such information to be handed over to the competent law enforcement and security authorities for review and appropriate action if necessary.