UK judge orders home secretary to explain opposition to Hamas de-proscription appeal
UK Judge Directs Home Secretary to Clarify Opposition to Hamas’s De-Proscription Appeal
A British judge has instructed the UK Home Secretary to address the reasons for her resistance to Hamas’s request to be delisted from the designated terrorist organisations register. The directive comes as the group continues its legal challenge against its current classification.
Hamas’s Appeal and Legal Context
Hamas, which remains on the UK’s list of designated terrorist entities, is contesting its current status through the Proscribed Organisations Appeal Commission (POAC), an independent tribunal. The group’s second appeal was submitted in August 2025, following a rejection by former Home Secretary Yvette Cooper. This followed an initial application in April 2025, when Mousa Abu Marzouk, head of Hamas’s foreign relations office, directed British legal representatives to pursue the case.
Government’s Position and Criticism
During Thursday’s hearing, Justice Jonathan Swift, chair of POAC, urged government attorneys to clarify the Home Secretary’s rationale for opposing Hamas’s de-proscription. The judge noted that over seven months had elapsed since the appeal was officially filed, with nearly a year passing since the first application. He expressed frustration over the procedural delays, emphasizing the need for transparency.
Swift also critiqued the Home Office for its attempt to dismiss the appeal entirely, arguing that the department had not fulfilled its duty to be candid with the court. The judge pointed out that the government’s strike-out application had yet to be formally presented, despite the ongoing case.
Legal Hurdles and Procedural Delays
The proceedings faced further disruption when the court could not assign a special advocate to handle classified evidence. This delay caused the scheduled appearance of Marzouk via video link to be postponed. The judge’s comments underscored the urgency for the Home Secretary to justify her position.
Under Section 4 of the Terrorism Act, any organisation designated as a terrorist group may seek removal from the banned list. Hamas’s initial application claimed that the proscription hampers its ability to mediate peace efforts, restricts dialogue on long-term solutions, and criminalizes Gazans. The group’s legal team included expert testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more balanced assessment of Hamas’s activities.
Legal Representation and Pro Bono Efforts
Hamas is represented by Franck Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari providing additional counsel. All legal representatives are working on a pro bono basis, as accepting funds from a proscribed terrorist group is prohibited by law. Magennis highlighted the government’s apparent strategy to prolong scrutiny, stating:
“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible.”
He attributed this to increasing challenges to the classification, including in English courtrooms.