Cassis wants Hamas ban via emergency law!: What does that mean for the Turkish PKK?

FDP Foreign Minister Ignazio Cassis (62) now also wants to push the boundaries: with a ban on Hamas through an emergency law, as the “Tages-Anzeiger” reported and various sources confirmed to Blick. “The Federal Council considers the Hamas attack to be a terrorist attack and therefore classifies Hamas as a terrorist organization,” Cassis emphasized shortly after the attack on October 7, announcing that he would consider a ban.

Meanwhile, the two security committees of the National Council and the Council of States have also spoken out in favor of banning the Palestinian Hamas organization and submitted proposals accordingly. This increases political pressure.

Why does Cassis step on the gas?

Cassis now wants to get things done quickly. According to reports, he is not only interested in sending a signal, but also in stopping Hamas propaganda or any financial flows as quickly as possible. In the currently heated atmosphere, the safety issue is also an issue.

At the same time, a special law could continue to allow diplomatic or peace policy contacts with Hamas, so that Switzerland is not automatically limited in its role as mediator.

What happened in the Federal Council?

Cassis, however, was slowed down by his companions. According to information from Blick, SP federal president Alain Berset (51) has expressed his concerns about the emergency procedure. The Federal Constitution stipulates that laws may only be promulgated urgently if their entry into force “will not tolerate any delay”.

The crucial question: is urgency actually justified? Would Switzerland suffer an unacceptable disadvantage if a ban on Hamas only came into effect a year later?

If there is urgency, Parliament should also give the green light. This would not be conceivable until the spring session of 2024 at the earliest. Only then can a ban come into effect and be limited in time. A possible referendum vote would only be possible afterwards.

However, under the normal procedure it would take at least until 2025 before a ban on Hamas could come into effect. Now the Federal Council must decide what pace it considers appropriate.

What impact would the accelerated procedure have?

A special Hamas law could also set a precedent. The Islamist terrorist organizations Al Qaeda and IS have been banned in Switzerland for years. However, the ban is covered by corresponding United Nations resolutions. According to the Intelligence Services Act, such a UN requirement is required for a ban on organizations.

This is why organizations like the Kurdistan Workers’ Party (PKK) in Switzerland have never been on a banned list. A Lex Hamas would therefore amount to a paradigm shift. This would quickly open the debate on quickly declaring other groups in question illegal. The pressure on Switzerland to impose bans would increase enormously.

Ban not actually disputed

The Hamas ban could still be on the table at one of the next Federal Council meetings, as the ban itself is not up for discussion. It was a kind of first reading, they say in Bern. Apparently the tight schedule due to Macron’s visit also meant that not all questions could be clarified.

If the Federal Council actually decides to urgently declare Hamas an illegal terrorist organization, the discussion about the emergency law and the lack of respect for constitutional customs by our state government will inevitably erupt again.