UK judge orders home secretary to explain opposition to Hamas de-proscription appeal
UK Judge Directs Home Secretary to Clarify Stance on Hamas De-Proscription Appeal
A British judge has directed the UK home secretary to address her resistance to Hamas’s bid to be removed from the list of designated terrorist groups. The order comes as the Proscribed Organisations Appeal Commission (POAC) reviews the case.
Timeline of Appeals
Hamas, which remains proscribed in the UK, initiated its appeal against the designation earlier this year. The first challenge was submitted in April 2025 by Mousa Abu Marzouk, head of Hamas’s foreign relations office, through British legal representatives. This followed the 2021 decision by former Home Secretary Priti Patel to classify the group as a terrorist organisation.
Four months later, in August 2025, Hamas filed a second appeal after former Home Secretary Yvette Cooper denied its request to lift the ban. The delay in resolving the case has drawn scrutiny from the tribunal.
Government’s Delays Under Fire
During Thursday’s hearing, Justice Jonathan Swift, chair of POAC, pressed government lawyers to justify the delays in processing Hamas’s appeal. He noted that over seven months had elapsed since the group’s formal submission, with nearly a year passing since the initial application.
Swift also critiqued the Home Office for its insistence on striking out the appeal entirely. He accused the department of failing to uphold its duty of candour, suggesting it was withholding transparency to avoid accountability.
Thursday’s proceedings faced a two-hour delay due to the court’s inability to assign a special advocate for handling secret evidence. Meanwhile, Marzouk’s planned video testimony was postponed, adding to the procedural backlog.
Hamas’s Arguments and Legal Strategy
Hamas claimed its designation restricts its capacity to mediate in the Israeli-Palestinian conflict. The group argues that the ban stifles political dialogue and unfairly criminalises Gazans.
The appeal includes testimony from Oxford-based Israeli academic Avi Shlaim, who called for the UK to adopt a more balanced approach to Hamas’s status. Shlaim urged the removal of the group from the terrorist list, highlighting its dual role in politics and armed conflict.
Hamas’s legal team, led by Franck Magennis and Daniel Grutters, contends that the government is using procedural delays to evade scrutiny. Magennis stated:
“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible.”
He added that the case will reveal the rationale behind maintaining the ban.
All legal representatives act on a pro bono basis, as receiving funds from a proscribed organisation is prohibited. The home secretary has 90 days to respond to appeals under Section 4 of the Terrorism Act, which allows organisations to seek removal from the banned list.
