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 clarify her stance against Hamas’s bid to have the group removed from the proscribed terrorist list. The court’s ruling underscores the need for transparency in the government’s position as the organization challenges its designation.
Hamas’s Appeal Process and Timeline
Hamas, currently on the UK’s list of proscribed terrorist groups, has initiated an appeal before the Proscribed Organisations Appeal Commission (POAC). The group first filed its case in April 2025, following a directive from Mousa Abu Marzouk, head of Hamas’s foreign relations office, to British lawyers. Four months later, in August 2025, Hamas submitted a second appeal after former Home Secretary Yvette Cooper denied its request to be deproscribed.
Delays and Judicial Criticism
During Thursday’s hearing, Justice Jonathan Swift, chair of POAC, urged government lawyers to address Hamas’s appeal and provide a clear rationale for any delays by 20 May. The judge noted that over seven months had elapsed since the formal submission of the appeal, with nearly a year passing since the initial application. He accused the Home Office of lacking openness, emphasizing their failure to uphold the “duty of candour” in the process.
Procedural Hiccups and Legal Challenges
Thursday’s proceedings faced a delay after the court could not assign a special advocate to handle secret evidence. Mousa Abu Marzouk was also set to appear via video link but was unable to do so due to the disruption. Hamas’s original application argued that the proscription impedes its ability to negotiate political solutions and criminalizes ordinary Palestinians in Gaza.
Expert Testimony and Government Strategy
Hamas’s submission included testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a “more nuanced position” on the group by delisting it. The home secretary has 90 days to respond to such challenges under Section 4 of the Terrorism Act. Magennis, Hamas’s legal counsel, claimed the delays reflect a government effort to minimize scrutiny. “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 in a
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Legal Representation and Funding
Hamas is represented by Magennis and barrister Daniel Grutters, with solicitor Fahad Ansari providing additional guidance. All legal representatives are acting on a pro bono basis, as receiving funds from a proscribed terrorist group is prohibited by law. The case now hinges on whether the Home Secretary can justify her continued opposition to deproscribing Hamas.
