UK judge orders home secretary to explain opposition to Hamas de-proscription appeal
UK Court Demands Home Secretary Clarify Resistance to Hamas’s De-Listing Appeal
A UK judge has directed the Home Secretary to provide a clear rationale for her stance against Hamas’s bid to have the group deproscribed. The appeal centers on removing Hamas from the list of designated terrorist organizations, which has been a point of contention for months.
Background of the Appeal
Hamas, currently listed as a proscribed terrorist group, is challenging its designation before the Proscribed Organisations Appeal Commission (POAC). The tribunal is tasked with reviewing such cases independently. The group’s first appeal was submitted in April 2025, following instructions from Mousa Abu Marzouk, head of Hamas’s foreign relations office, to British lawyers.
Four months later, in August 2025, Hamas filed a second appeal after former Home Secretary Yvette Cooper denied its request to be removed from the banned list. The initial designation, made by Priti Patel in 2021, extended the ban to the entire organization, despite the Qassam Brigades’ military wing being proscribed for over two decades.
Legal Proceedings and Delays
During Thursday’s hearing, Justice Jonathan Swift, POAC chair, urged government lawyers to address the appeal promptly and outline any reasons for the procedural delays. Over seven months had elapsed since Hamas formally submitted its case, with nearly a year passing since the initial application.
Swift criticized the Home Office for its approach to striking out the appeal, calling it a lack of transparency. He accused the department of failing to uphold its duty of candour, as the strike-out application had not yet been finalized. The proceedings were further delayed when the court could not appoint a special advocate to handle secret evidence.
Marzouk was set to appear via video link but his testimony was postponed due to the delays. In its original filing, Hamas argued that the proscription hinders its ability to mediate political solutions and criminalizes ordinary Palestinians in Gaza. The case also included expert testimony from Israeli academic Avi Shlaim, who urged the UK to reconsider its classification of Hamas.
Government’s Strategy Under Scrutiny
Franck Magennis, representing Hamas, claimed the delays reflected a deliberate government effort to avoid public examination of the Home Secretary’s decisions. “It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” he stated to reporters.
“That is because these positions are increasingly being challenged, including in English courtrooms.”
Magennis emphasized the appeal’s potential to reveal the government’s reasoning for maintaining the proscription. Hamas is represented by Magennis, barrister Daniel Grutters, and solicitor Fahad Ansari, all acting pro bono due to restrictions on receiving funds from proscribed groups.
