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 provide detailed reasoning for her stance against Hamas’s bid to be removed from the list of designated terrorist groups. The appeal, submitted to the Proscribed Organisations Appeal Commission (POAC), seeks to overturn the current designation of Hamas as a proscribed entity.
Hamas, which remains on the UK’s banned list, filed its second appeal with POAC in August 2025 after former Home Secretary Yvette Cooper denied the group’s request to have its status revoked. This followed an initial appeal initiated in April 2025 by Mousa Abu Marzouk, head of Hamas’s foreign relations office, who had instructed British legal representatives to challenge the designation.
During Thursday’s hearing, Justice Jonathan Swift, chair of the POAC, urged government officials to address Hamas’s case and justify any procedural delays by 20 May. He highlighted that over seven months had elapsed since the formal submission of the appeal, with nearly a year passing since the first application was made. Swift expressed frustration with the slow progress, emphasizing the need for transparency in the decision-making process.
The Home Office’s attempt to dismiss the appeal entirely faced scrutiny from the judge. Swift accused the department of withholding information, stating it had not fulfilled its “duty of candour” in presenting the case. The court proceedings were further delayed due to the inability to appoint a special advocate to handle secret evidence. This setback also caused the scheduled video appearance of Marzouk to be postponed.
Hamas argued that its proscription obstructs diplomatic efforts to resolve the conflict, limits political dialogue, and criminalizes civilians in Gaza. In its initial application, the group cited the Qassam Brigades’ longstanding ban and claimed the extension to the entire organization was unjustified. The appeal included testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more balanced classification of Hamas.
“It appears the secretary of state is intent on prolonging the examination of her decisions,” said Franck Magennis, representing Hamas in the case. “This strategy aligns with broader attempts to minimize public and judicial review, especially as challenges to the designation gain traction in English courts.”
The case will scrutinize the government’s rationale for maintaining Hamas’s status. Legal representation is provided by Magennis, barrister Daniel Grutters, and solicitor Fahad Ansari, all working on a pro bono basis due to restrictions on receiving funds from proscribed groups.