UK judge orders home secretary to explain opposition to Hamas de-proscription appeal

UK Judge Directs Home Secretary to Clarify Opposition to Hamas De-Proscription Appeal

A UK judge has instructed the Home Secretary to clarify her stance against Hamas’s bid to remove the group from the list of proscribed terrorist organisations. The decision came during a hearing with the Proscribed Organisations Appeal Commission (POAC), which handles appeals against such designations.

Hamas, which has been listed as a terrorist organisation since 2021, submitted its appeal in April 2025. This followed a previous rejection by former Home Secretary Yvette Cooper, who had refused to delist the group. The initial application had been made by Mousa Abu Marzouk, head of Hamas’s foreign relations office, in early 2024.

Justice Jonathan Swift, POAC’s chair, emphasized the need for the government to resolve the case promptly. He noted that over seven months had elapsed since the formal appeal was filed, with nearly a year passing since the first application. The delay prompted Swift to accuse the Home Office of withholding transparency and failing to uphold its duty of candour.

Swift also critiqued the government’s attempt to dismiss the appeal entirely. He pointed out that the strike-out application had not yet been submitted, highlighting procedural inconsistencies. The hearing was further delayed when the court could not assign a special advocate to handle confidential evidence.

Marzouk was set to appear via video link but his testimony was postponed due to the scheduling issues. In its submission, Hamas argued that the proscription restricts its ability to engage in political dialogue and criminalises Gazans. The group’s military wing, the Qassam Brigades, has been banned for over two decades, but the designation was extended to the entire organisation in 2021.

Legal Context and Representation

Under Section 4 of the Terrorism Act, organisations listed as terrorists may appeal for removal. The Home Secretary has 90 days to respond to such challenges. In their case, Hamas included expert testimony from Israeli academic Avi Shlaim, who advocated for a more balanced approach to the group’s classification.

“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” said Franck Magennis, counsel for Hamas. “These positions are increasingly being challenged, including in English courtrooms.”

The case is being handled by Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari providing support. All legal representatives act on a pro bono basis, as accepting funds from a proscribed terrorist group is prohibited by law.