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

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

A UK judge has directed the Home Secretary to clarify her stance against Hamas’s bid to have the group delisted from the proscribed terrorist organisations list. The decision came during proceedings at the Proscribed Organisations Appeal Commission (POAC), which is handling the case independently.

Hamas, which has been designated as a terrorist organisation since 2021, is challenging its status through the POAC. The appeal followed an earlier attempt by former Home Secretary Yvette Cooper to retain the designation, despite Hamas’s request to remove it.

Four months prior, Mousa Abu Marzouk, leader of Hamas’s foreign relations office, had instructed British legal representatives to contest the 2021 designation by Priti Patel. The group submitted a second appeal to POAC in August 2025, as the initial request was rejected.

Justice Jonathan Swift, chair of the POAC, pressed government lawyers to respond to Hamas’s case and address delays in the process. The judge noted that over seven months had elapsed since the formal appeal was filed, with nearly a year passing since the initial application.

Swift expressed frustration with the Home Office’s approach, criticizing its insistence on striking out the appeal entirely. He accused the department of failing to provide transparency, arguing that its lack of candour undermined the tribunal’s role in evaluating the case.

The proceedings faced further delays when the court could not assign a special advocate to handle secret evidence. Marzouk was also scheduled to appear via video link but his testimony was postponed due to these complications.

In its first submission, Hamas claimed the designation obstructs its efforts to mediate peace in the conflict. The group argued that the proscription limits its ability to engage in political dialogue and unfairly targets ordinary Palestinians in Gaza.

The Qassam Brigades, Hamas’s military wing, have been banned for over two decades, but Patel extended the ban to the entire organisation in 2021, citing no distinction between its political and armed components. The case also included testimony from Oxford-based Israeli academic Avi Shlaim, who called for a more balanced assessment of Hamas’s role.

Under the Terrorism Act, the Home Secretary has 90 days to respond to a de-proscription request. The law allows any organisation on the banned list to challenge its status through the POAC. Individuals affected by the proscription may also apply for removal.

“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, Hamas’s legal representative. “These positions are increasingly being challenged, including in English courtrooms.”

Magennis emphasized that the case offers a chance to examine the government’s rationale for maintaining the proscription. Hamas is represented by Magennis, barrister Daniel Grutters, and solicitor Fahad Ansari, all acting pro bono as funds from the group are restricted under the current designation.