- According to Federal Supervisory Authority for Foundations (ESA), department says, GHF's Geneva branch 'not yet commenced its activities and is therefore inactive,' while it 'is currently not fulfilling various legal obligations'

GENEVA

The Swiss Foreign Ministry has responded to key issues raised in an open letter signed by 55 former Swiss diplomats, reiterating its stance on the Gaza crisis and confirming that it is reviewing the legal status of the controversial Geneva branch of the US-backed Gaza Humanitarian Foundation (GHF) which is assessed to be "inactive" and "noncompliant" with legal requirements.

The GHF mechanism was opposed by the international community and the UN, which comes as an alternative attempt by Israel to bypass the aid distribution through UN channels.

The recent letter, addressed to Foreign Minister Ignazio Cassis and seen by Anadolu, urged Switzerland to take a stronger and more public stance on the humanitarian crisis in Gaza, including rejecting any collaboration with GHF and officially recognizing the State of Palestine. The signatories, former ambassadors, envoys, and UN representatives, warned that Bern's "unacceptable discretion" is undermining Swiss credibility and neutrality.

In response to Anadolu's query, the Swiss Federal Department of Foreign Affairs (FDFA) said it "does in principle respond to letters from citizens," but did not confirm whether it would directly engage with the signatories.

Addressing the accusations in the letter, the FDFA emphasized that the department and the Federal Council have "expressed themselves clearly and on multiple occasions regarding the situation in Gaza."

It cited a series of recent steps taken by Swiss authorities. On May 21, the Federal Council approved 20 million Swiss francs to address the humanitarian needs in Gaza and called on Israel to ensure unhindered access to humanitarian aid to all those in need.

Two days later, Federal Councilor Cassis publicly stated that humanitarian aid is not an option but a duty, and stressed that Israel must comply with this duty in accordance with the Geneva Conventions. On May 28, the Federal Council once again called for unrestricted humanitarian access and an immediate ceasefire, expressing "deep dismay at the unbearable human suffering."

The ministry also pointed to direct diplomatic efforts by noting that the Israeli ambassador to Switzerland was summoned, and the Swiss ambassador in Israel has repeatedly approached the Israeli authorities to convey Switzerland’s position.

In their letter, the former diplomats accused Israel of systematic bombings, forced displacements, and destruction of essential infrastructure such as schools, hospitals, and housing. Citing the World Health Organization's warning that "two million people are starving" in Gaza, they argued that Switzerland's current policy – although calling for a ceasefire, humanitarian access, and the release of hostages – falls short without concrete action.

They also demanded that Switzerland reject cooperation with the GHF. The letter described the GHF as an entity aiming to bypass established UN aid channels and warned that it does not meet international standards of "neutrality, transparency, and independence."

The foundation is linked to a new Israeli aid distribution mechanism announced on May 27 and backed by the US administration. The diplomats described Switzerland's lack of reaction to this initiative as an "embarrassed absence."

Responding to questions about the GHF, the Swiss authorities confirmed that the Geneva branch of the US-based organization was registered on Feb. 12 and it is currently inactive and does not meet basic legal requirements under Swiss foundation law.

According to the Federal Supervisory Authority for Foundations (ESA), the ministry said, the GHF branch does not have a board member residing in Switzerland, lacks the minimum number of board members required by its own statutes, and appears to have neither a bank account nor a valid address in the country. It also does not have an auditor, therefore, "the Swiss branch of the Gaza Humanitarian Foundation is currently not fulfilling various legal obligations."

"Based on this information, the ESA assumes that the Swiss foundation has not yet commenced its activities and is therefore inactive," the FDFA said. The ESA is currently in contact with the foundation and has asked it to clarify the situation, it added.

In addition, the FDFA confirmed that the ministry, as well as ESA, had received a submission from Trial International and is now reviewing whether the foundation is subject to the Federal Act on Private Security Services Provided Abroad (PSSA). This law governs individuals and organizations offering private security services from Swiss territory, especially in complex or conflict environments.

"As part of its legal mandate, the FDFA is examining whether the Swiss branch of the Gaza Humanitarian Foundation is subject to the PSSA's declaration requirement," the ministry said. It added that "the FDFA does not comment on the content of ongoing investigations."

They urged the suspension of academic and scientific cooperation with actors linked to violations of international law, the labeling of Israeli settlement products, and a freeze on financial ties to Israeli military sectors. They also advocated banning entry to Switzerland for individuals under International Criminal Court arrest warrants or convicted of settler violence.

"We are shocked by the silence, passivity, and discretion of the FDFA and Switzerland,” the signatories wrote. “Switzerland must emerge from its unacceptable discretion and act."

The Israeli army, rejecting international calls for a ceasefire, has pursued a brutal offensive against Gaza since October 2023, killing more than 54,600 Palestinians, most of them women and children.