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 British judge has directed the UK Home Secretary to provide clarity on her stance against Hamas’s attempt to remove the group from the designated terrorist organisations list. The appeal, brought before the Proscribed Organisations Appeal Commission (POAC), has drawn scrutiny over the government’s handling of the case.
Hamas, which remains on the UK’s banned organisations list, has submitted an appeal seeking de-proscription. This comes after former Home Secretary Yvette Cooper denied the group’s request to be delisted in August 2025. The appeal follows an earlier one lodged in April 2025 by Mousa Abu Marzouk, head of Hamas’s foreign relations office, who had instructed British lawyers to challenge the 2021 designation by Priti Patel.
During Thursday’s hearing, Justice Jonathan Swift, POAC’s chair, urged government legal teams to address Hamas’s appeal and explain any delays by 20 May. The judge noted that over seven months had elapsed since Hamas officially filed its appeal, and nearly a year since the initial application. He criticized the Home Office for its insistence on striking out the appeal, accusing the department of lacking transparency.
The proceedings faced further postponement when the court could not appoint a special advocate to manage secret evidence. Mousa Abu Marzouk was also set to appear via video link but was unable to do so due to the delay. In its original application, Hamas argued that the designation hampers its ability to negotiate a political resolution to the conflict and criminalizes ordinary Palestinians in Gaza.
Legal Strategy and Expert Testimony
Hamas’s submission included testimony from Oxford-based Israeli academic Avi Shlaim, who called for a more nuanced approach to the group’s classification. The Home Secretary has 90 days to respond to such appeals under Section 4 of the Terrorism Act, and the case offers a chance to review the rationale behind maintaining the designation.
“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, stated to reporters.
Magennis highlighted the broader government effort to avoid public examination, noting that these positions are increasingly being questioned in English courts. The case is being handled by Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari advising the group. All legal representatives are working pro bono, as receiving funds from a proscribed terrorist organisation is prohibited.
The Home Secretary also retains discretion to add or remove groups involved in armed conflict from the proscribed list. The delays in the appeal process have raised concerns about the efficiency and openness of the government’s response to Hamas’s challenges.
