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

UK Judge Orders Home Secretary to Clarify Opposition to Hamas De-Proscription Appeal

A UK court has directed the Home Secretary to address the delay in her stance against Hamas’s de-proscription appeal. The decision came during Thursday’s hearings, where Justice Jonathan Swift, chair of the Proscribed Organisations Appeal Commission (POAC), emphasized the need for clear justification regarding the government’s resistance to removing Hamas from the list of designated terrorist groups.

Hamas, which has been proscribed in the UK since 2021, is challenging its designation before POAC, an independent tribunal. The group submitted its first appeal in April 2025, following a request by Mousa Abu Marzouk, head of Hamas’s foreign relations office, to have the proscription revoked. Four months later, after Yvette Cooper, the former Home Secretary, rejected their initial application, Hamas filed a second appeal.

Swift criticized the government for procedural delays, highlighting that over seven months had elapsed since the formal submission of the appeal. He noted that nearly a year had passed since the original application was lodged, urging officials to provide timely explanations for the delay. The judge also expressed frustration with the Home Office’s push to strike out the appeal entirely, accusing the department of withholding transparency.

The court proceedings faced further disruption when a special advocate could not be appointed to handle confidential evidence. This delay caused Marzouk’s scheduled video appearance to be canceled. Hamas’s legal team, including Franck Magennis and barrister Daniel Grutters, continues to argue that the proscription hampers their ability to mediate peace efforts and criminalizes Gazans.

“It seems clear that the secretary of state’s approach appears aimed at prolonging the examination of her decisions,” Magennis told reporters. “These positions are increasingly under challenge, even in English courtrooms.”

In its original application, Hamas claimed the designation obstructs its role in political negotiations and unfairly targets ordinary Palestinians. The group’s submission included testimony from Oxford-based Israeli academic Avi Shlaim, who urged the UK to reconsider its classification of Hamas as a terror organization.

Under Section 4 of the Terrorism Act, any proscribed organization may seek removal from the banned list. The Home Secretary has 90 days to respond to such challenges. While the de-proscription process applies to groups, individuals affected by the designation can also petition for its removal. The Home Office retains the authority to add or remove entities from the proscribed list based on their involvement in armed conflict.

Hamas’s legal representation is provided by Magennis, Grutters, and solicitor Fahad Ansari, all working pro bono. This arrangement is required since legal fees from proscribed terrorist groups are prohibited.