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 instructed the Home Secretary to provide a thorough explanation for her resistance to Hamas’s request to be delisted as a proscribed terrorist organization. The appeal, which seeks to remove Hamas from the government’s banned groups list, has been under review by the Proscribed Organisations Appeal Commission (POAC), an independent legal body.

Timeline of the Appeal Process

Hamas first initiated its challenge in April 2025, when Mousa Abu Marzouk, the head of the group’s foreign relations office, engaged UK legal representatives to contest the 2021 designation by former Home Secretary Priti Patel. Four months later, in August 2025, the group resubmitted its appeal after former Home Secretary Yvette Cooper declined to revoke the proscription.

During Thursday’s hearing, Justice Jonathan Swift, POAC’s chair, emphasized the need for government lawyers to address Hamas’s case promptly. He urged them to “clearly outline any justifications for the delay” by 20 May, noting that over seven months had elapsed since the formal submission of the appeal, with nearly a year having passed since the initial application.

Procedural Delays and Judicial Criticism

Swift expressed frustration with the slow progress of the appeal, pointing out that the Home Office had yet to file its strike-out application. The hearing was further postponed due to the court’s inability to assign a special advocate to handle classified evidence. As a result, Marzouk’s scheduled video appearance was canceled, adding to the procedural bottlenecks.

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

stated Franck Magennis, Hamas’s legal counsel, highlighting the government’s apparent intent to minimize oversight. He noted that the case would allow for an examination of the rationale behind maintaining the proscription.

Arguments and Legal Context

Hamas argued that the current designation restricts its capacity to engage in political negotiations, limits dialogue on a lasting resolution, and criminalizes civilians in Gaza. The group’s original submission included testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a “more nuanced position” on Hamas by removing it from the terror list.

Under Section 4 of the Terrorism Act, any proscribed organization may appeal its designation. The Home Secretary has 90 days to respond to such challenges and also holds the authority to add or remove groups from the banned list, regardless of their armed activities.