Author: Antonio Fumagalli (NZZ)
Source: https://www.nzz.ch/meinung/die-eu-sanktion-gegen-den-schweizer-jacques-baud-ist-willkuerlich-und-ausdruck-von-doppelmoral-ld.1917671
Publication Date: 23.12.2025
Reading Time: approx. 4 minutes
Executive Summary
The EU placed Swiss retired Colonel Jacques Baud on a sanctions list on December 15, 2025, for alleged "propaganda and disinformation" – without granting him a legal hearing. While Baud's positions on the Ukraine war are factually indefensible, the EU thereby violates its own core values: freedom of expression and rule of law. The decision is methodologically questionable, politically motivated, and paradoxically strengthens those critics who accuse the EU of censorship.
Critical Key Questions
Freedom & Right to Opinion: May the state – even collectively via the EU – sanction factually false statements without blurring the line into censorship?
Rule of Law: How can an existentially threatening measure be legal if the affected party learns of the sanctions only from media reports?
Transparency: Why are the criteria and procedures of sanctions lists not made public? Who controls the Brussels executive?
Proportionality: Is Baud – a "small fish" without Kremlin payment – really equivalent to other listed individuals who are demonstrably on Putin's payroll?
Strategic Intelligence: Is the EU harming itself by confirming accusations of arbitrariness and censorship through such acts?
Scenario Analysis: Future Perspectives
| Time Horizon | Expected Development |
|---|---|
| Short-term (1 Year) | Baud attempts to challenge the sanctions in court – costly without bank access. Further cases of EU sanctions against critics expected. |
| Medium-term (5 Years) | Intensified debate about EU legitimacy and rule of law in Switzerland and Europe. Potential criticism from the CJEU or national courts. |
| Long-term (10–20 Years) | Either reform of sanctions mechanisms or gradual erosion of trust in EU institutions as independent judicial bodies. |
Main Summary
Core Topic & Context
A former Swiss colonel is sanctioned by the EU for spreading conspiracy theories about the Ukraine war. The case reveals a fundamental tension: while the EU presents itself as a defender of fundamental rights, it violates these same values through political arbitrariness rather than legal procedures.
Key Facts & Figures
- Jacques Baud, 70 years old, former colonel of the Swiss Army, worked for the Confederation, NATO, and the UN
- Sanctioned on December 15, 2025 by unanimous decision of all 27 EU member states
- Justification: only ten lines without detailed criteria
- Baud learned of the sanctions from media reports, not officially
- Consequences: travel ban, bank accounts frozen, return to Switzerland impossible
- ⚠️ France reportedly played a "decisive role" – specific details not publicly verifiable
Stakeholders & Affected Parties
- Affected Party: Jacques Baud (existentially threatening measure)
- Decision-makers: EU Council, EU External Action Service, France (leading role)
- Winners: EU critics (receive ammunition for censorship allegations)
- Losers: European credibility regarding rule of law and freedom of expression
Opportunities & Risks
| Opportunities | Risks |
|---|---|
| Court proceedings could force EU to increase transparency | Further sanctions against critics without due process |
| Public debate about EU legitimacy | Legal uncertainty for citizens and media |
| Reform of sanctions mechanisms possible | Loss of trust in European institutions |
| Switzerland could position itself as a rule-of-law exemplar | Escalation between Switzerland and EU |
Action Relevance
Decision-makers should:
- Publicly question the transparency and rule of law of EU sanctions processes
- Examine whether Swiss legal remedies are available for Baud
- Document the discrepancy between EU rhetoric and practice
- Long-term: build reform pressure on EU sanctions mechanisms
Quality Assurance & Fact-Checking
- [x] Central statements and chronology verified
- [x] Baud's controversial positions presented objectively
- [x] Unconfirmed claims (France's role) marked with ⚠️
- [x] Rule-of-law criticism is comprehensible and legitimate
- [x] Potential Bias: The article/commentary takes a position for freedom of expression – this is journalistically legitimate but should be recognized as opinion
Additional Research
- European Court of Human Rights (ECtHR): Previous rulings on freedom of expression vs. security concerns
- EU Sanctions Rules: Official documentation from the EU Council on transparency and appeal procedures
- Contrasting Sources: Statements from EU representatives on the legality of the Baud sanctions
Bibliography
Primary Source:
Fumagalli, Antonio (2025): "The EU sanctions against Swiss Jacques Baud are arbitrary and an expression of double standards" – Neue Zürcher Zeitung, 23.12.2025
Supplementary Sources:
- NZZ (17.12.2025): "EU Sanctions: Brussels places a Swiss on the blacklist" – Katharina Fontana
- NZZ (21.12.2025): "Russia Proximity: The EU imposes sanctions on Jacques Baud. Is Roger Köppel next?" – Mirko Plüss
- EU Council: Official sanctions lists and procedure documentation (eu-council.europa.eu)
Verification Status: ✓ Fact-checking completed on 05.01.2026
This text was created with the support of Claude (Anthropic).
Editorial Responsibility: clarus.news | Fact-checking: 05.01.2026