UK judge orders home secretary to explain opposition to Hamas de-proscription appeal

UK Judge Directs Home Secretary to Justify Opposition to Hamas De-Proscription Appeal

A British judge has directed the UK Home Secretary to clarify her stance against Hamas’s bid to remove the group from the proscribed terrorist list. The decision comes as the Proscribed Organisations Appeal Commission (POAC) reviews the case, which challenges the current designation of Hamas as a terrorist organisation.

Following the initial application in April 2025, Mousa Abu Marzouk, head of Hamas’s foreign relations office, enlisted British legal counsel to contest the 2021 classification. This came after former Home Secretary Priti Patel had added the group to the banned list. The appeal was later renewed in August 2025, following Yvette Cooper’s rejection of Hamas’s de-proscription request.

During Thursday’s hearing, Justice Jonathan Swift urged government representatives to promptly address the appeal, emphasizing the need for a clear rationale for the delays. The tribunal noted that over seven months had elapsed since Hamas filed its formal case, with nearly a year having passed since the initial petition.

Swift criticized the Home Office for its approach, accusing the department of withholding transparency. He highlighted the strategic effort to postpone scrutiny of the Home Secretary’s decision-making, as the government sought to strike out the appeal entirely. The judge also expressed frustration over procedural delays, stating that the strike-out application had yet to be submitted.

Thursday’s proceedings faced delays after the court struggled to assign a special advocate to handle secret evidence. Mousa Abu Marzouk’s scheduled appearance via video link was canceled due to the postponement, leaving the case without his direct input.

“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” said Franck Magennis, counsel for Hamas.

In its original submission, Hamas argued that the proscription hinders its ability to facilitate political solutions, stifles dialogue, and criminalizes ordinary Palestinians in Gaza. The case also includes testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more nuanced stance on Hamas by delisting it as a terror organization.

Under Section 4 of the Terrorism Act, any organization designated as a terrorist group may appeal for removal from the banned list. The Home Secretary has 90 days to respond to such applications. Individuals affected by the proscription can also seek de-proscription through the same process.

Hamas is represented by Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari providing additional guidance. All legal team members are working pro bono, as funding from a proscribed terrorist group is prohibited by law.