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 “proceed promptly” with explaining her resistance to Hamas’s bid to be removed from the list of proscribed terrorist groups. The case, heard by the Proscribed Organisations Appeal Commission (POAC), has drawn criticism over delays in the decision-making process.

Timeline of the Appeals

Four months after the initial appeal was filed, Hamas resubmitted its request in August 2025 following a rejection by the former Home Secretary, Yvette Cooper. The first appeal had been initiated in April 2025 by Mousa Abu Marzouk, the head of Hamas’s foreign relations office, through British legal representatives.

The current appeal, brought before POAC, marks the second attempt by Hamas to challenge the UK’s 2021 designation of the group as a terrorist organisation. The government’s delay in addressing the case has been highlighted as a point of contention by the tribunal.

Judge’s Criticism of Delays

Justice Jonathan Swift, chair of POAC, pressed government lawyers to respond to Hamas’s application and justify any postponement. The judge noted that over seven months had elapsed since the appeal was formally lodged, with nearly a year having passed since the original petition was submitted.

Swift also expressed frustration with the Home Office’s approach, which sought to dismiss the appeal entirely. The department was accused of failing to maintain transparency with the court and not fulfilling its duty of candour in presenting the case.

Arguments and Legal Context

In its initial application, Hamas argued that the proscription impedes its ability to facilitate political solutions and criminalises civilians in Gaza. The case will serve as a platform to assess the government’s rationale for maintaining the designation.

Under Section 4 of the Terrorism Act, any organisation designated as a terrorist group may appeal to have its name removed from the banned list. The Home Secretary is required to respond within 90 days, though the timeline has been contested in recent proceedings.

Hamas’s submission included expert testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more nuanced assessment of the group’s role in the conflict. The military wing, Qassam Brigades, has been proscribed since the late 1990s, but the designation was expanded in 2021 to include the entire organisation.

Legal Representatives and Strategy

“It appears evident that the secretary of state is employing tactics to prolong the examination of her decision-making process,” Franck Magennis, representing Hamas, stated to reporters.

Magennis claimed the delays reflect a wider effort by the government to evade scrutiny. The legal team, comprising Magennis and barrister Daniel Grutters, is supported by solicitor Fahad Ansari. All counsel act on a pro bono basis, as accepting funding from a proscribed terrorist group is prohibited by law.