UK judge orders home secretary to explain opposition to Hamas de-proscription appeal
UK Judge Demands Home Secretary Clarify Opposition to Hamas De-Proscription Appeal
A UK judge has instructed the Home Secretary to address the reasons behind her stance against Hamas’s appeal to remove the group from the terrorist list. The appeal, filed before the Proscribed Organisations Appeal Commission (POAC), seeks to overturn the current designation of Hamas as a proscribed organisation.
Timeline of Events
Four months prior, Mousa Abu Marzouk, head of Hamas’s foreign relations office, directed British lawyers to challenge the UK’s 2021 decision by former Home Secretary Priti Patel to classify the group as a terrorist entity. This initial application was followed by a second appeal in August 2025 after Yvette Cooper denied Hamas’s request to be deproscribed.
Justice Jonathan Swift, chair of POAC, emphasized the need for the government to resolve the case promptly. He noted that over seven months had elapsed since Hamas formally submitted its appeal, with nearly a year passing since the original application was filed.
Procedural Delays and Legal Strategy
Swift criticized the Home Office for delays in processing the appeal, accusing the department of withholding transparency. He pointed out the government’s attempt to strike out the case altogether, arguing this approach undermines the court’s role in assessing the decision.
Thursday’s hearing faced further delays when the court could not assign a special advocate to handle secret evidence. Marzouk was also set to appear via video link but had to withdraw due to procedural hiccups.
Arguments and Expert Testimony
In its original application, Hamas claimed the designation hampers its ability to negotiate peace and criminalizes civilians in Gaza. The case also included expert testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more nuanced approach to Hamas’s status.
“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” stated Franck Magennis, Hamas’s legal representative. He argued the delays reflect an effort to avoid accountability, as the government’s stance faces increasing challenges in English courts.
Hamas’s team, led by Magennis and barrister Daniel Grutters, is supported by solicitor Fahad Ansari. All legal representatives are working pro bono, as accepting funds from a proscribed terrorist group is prohibited by law.
Under Section 4 of the Terrorism Act, any organisation designated as a terrorist group may appeal for removal. The Home Secretary has 90 days to respond to such challenges, yet the process has been stalled for months.
