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 UK judge has directed the Home Secretary to clarify her stance against Hamas’s de-proscription appeal, urging swift action to address the delay. The case involves Hamas, which remains on the list of proscribed terrorist organizations, challenging its designation before the Proscribed Organisations Appeal Commission (POAC).

Hamas initially filed its appeal in April 2025, following instructions from Mousa Abu Marzouk, head of the group’s foreign relations office, to seek removal from the banned list. Four months later, the organization submitted a second appeal after former Home Secretary Yvette Cooper denied its request to be deproscribed.

Justice Jonathan Swift, chair of POAC, emphasized the need for the government to provide a clear rationale for the delays. Over seven months had elapsed since Hamas formally began its appeal, and nearly a year had passed since the first application was lodged. Swift expressed frustration with the prolonged process, noting the Home Office’s attempt to strike out the appeal entirely.

The proceedings were further delayed when the court struggled to assign a special advocate to handle secret evidence. Marzouk was set to appear via video link but his session was postponed due to the logistical issues. In its initial filing, Hamas argued that the proscription hampers its ability to negotiate peace, criminalizes Gazans, and stifles political dialogue.

“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, Hamas’s legal representative.

Magennis claimed the delays reflect a broader effort by the government to avoid accountability. He highlighted that the case offers a chance to assess the reasoning behind the continued designation of Hamas as a terrorist group. The legal team, including barrister Daniel Grutters and solicitor Fahad Ansari, is representing the group on a pro bono basis, as receiving funds from proscribed organizations is prohibited.

Under Section 4 of the Terrorism Act, any group labeled as a terrorist organization can appeal for removal. The Home Secretary has 90 days to respond to such challenges. While Hamas’s military wing, the Qassam Brigades, has been banned since the 1990s, former Home Secretary Priti Patel extended the designation to the entire organization in 2021, citing no distinction between its political and military branches.