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 British judge has directed the Home Secretary to “get on with” clarifying her stance against Hamas’s effort to remove the group from the list of designated terrorist organizations. The appeal, which challenges the current status of Hamas as a proscribed entity, is being reviewed by the Proscribed Organisations Appeal Commission (POAC).
Hamas Seeks Removal from Terror List
Hamas, which remains designated as a terrorist group in the UK, has submitted its case to POAC, an independent tribunal tasked with assessing appeals. The group filed its initial application in April 2025, following a rejection by former Home Secretary Yvette Cooper to lift the ban.
Four months earlier, Mousa Abu Marzouk, Hamas’s foreign relations chief, had instructed British legal counsel to initiate the appeal against the 2021 designation by Priti Patel. The decision to label the entire organisation as a terrorist group, rather than just its military wing, sparked ongoing legal challenges.
Delays and Judicial Criticism
During Thursday’s hearing, Justice Jonathan Swift, POAC’s chair, called on government lawyers to address Hamas’s appeal and justify any procedural delays by 20 May. The judge expressed frustration over the slow progress, noting that more than seven months had elapsed since the formal submission of the case.
Swift also critiqued the Home Office’s attempt to dismiss the appeal entirely, accusing the department of lacking transparency. The judge emphasized the need for candor in explaining the rationale behind maintaining the designation.
Thursday’s session faced further delays when the court could not appoint a special advocate to handle confidential evidence. This setback also caused Marzouk’s scheduled video appearance to be postponed.
Legal Arguments and Context
In its original petition, Hamas argued that the designation hampers its diplomatic efforts and criminalizes civilians in Gaza. The group highlighted how the proscription impedes its ability to mediate peace talks and fosters a broader political conflict.
The appeal includes testimony from Oxford-based Israeli academic Avi Shlaim, who called for a more balanced assessment of Hamas’s role. He urged the UK to reconsider its classification, suggesting it should no longer be seen as solely a terrorist entity.
Procedural Framework and Legal Representation
Under Section 4 of the Terrorism Act, any organization labeled as a terrorist group may seek to have its designation revoked. The Home Secretary has 90 days to respond to such applications, though this timeline has been contested in recent proceedings.
Magennis, representing Hamas, accused the government of intentionally prolonging the process to minimize public examination of its decisions. “It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” he stated in a
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The case is being handled by Magennis, Daniel Grutters, and Fahad Ansari, all of whom are providing legal services without payment. This arrangement underscores the financial constraints faced by parties challenging proscribed organizations.
