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 UK judge has directed the Home Secretary to address the reasons behind her resistance to Hamas’s bid to be removed from the list of proscribed terrorist groups. The case, which has been ongoing, centers on the government’s stance against the appeal.

Context of the Appeal

Hamas, which has been designated a terrorist organisation in the UK since 2021, has initiated an appeal to challenge this status. The appeal is being heard by the Proscribed Organisations Appeal Commission (POAC), an independent tribunal. This comes after the Home Secretary, Yvette Cooper, denied the group’s request to be deproscribed in August 2025.

Initially, Mousa Abu Marzouk, Hamas’s head of foreign relations, instructed British lawyers to file an appeal in April 2025 against the 2021 designation by former Home Secretary Priti Patel. The government’s position remains firm, despite Hamas’s efforts to demonstrate its political role.

Government’s Strategy Under Scrutiny

During Thursday’s hearing, Justice Jonathan Swift, POAC’s chair, urged government lawyers to respond to Hamas’s appeal and justify any delays in processing it. He noted that over seven months had elapsed since the appeal was formally submitted, with nearly a year having passed since the initial application.

“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” Franck Magennis, Hamas’s legal representative, remarked to reporters. “This is because these positions are increasingly being challenged, including in English courtrooms.”

Swift also expressed frustration with the Home Office’s attempt to strike out the appeal entirely, accusing the department of lacking transparency and withholding its duty of candour. The government’s move to dismiss the case has drawn criticism for its procedural opacity.

Legal Representation and Pro Bono Efforts

Hamas is represented by Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari providing additional counsel. All legal representatives are acting pro bono, as it is against the law to accept funding from a proscribed terrorist group.

The appeal argues that the designation restricts Hamas’s ability to engage in political dialogue and hampers efforts to achieve a lasting peace agreement. Expert testimony from Oxford-based Israeli academic Avi Shlaim was included in the submission, advocating for a more balanced classification of the organisation.

The Home Secretary is required to respond within 90 days of receiving an appeal. Section 4 of the Terrorism Act allows organisations on the proscribed list to request removal, with the government retaining discretion to add or remove groups involved in armed conflict.