UK Judge Directs Home Secretary to Justify Opposition to Hamas De-Proscription Appeal

A British judge has directed the UK Home Secretary to provide a clear rationale for her resistance to Hamas’s application to have the group removed from the proscribed terrorist list. The appeal, handled by the Proscribed Organisations Appeal Commission (POAC), has drawn scrutiny over delays in the government’s response.

Currently designated as a terrorist organisation, Hamas is challenging its status through POAC, an independent tribunal. The first appeal was initiated in April 2025 by Mousa Abu Marzouk, head of Hamas’s foreign relations office, who had tasked British lawyers with contesting the designation following the 2021 decision by former Home Secretary Priti Patel.

Four months later, in August 2025, Hamas submitted a second request to POAC after former Home Secretary Yvette Cooper denied its initial de-proscription bid. During Thursday’s hearings, Justice Jonathan Swift, the commission’s chair, urged government lawyers to address the appeal promptly and explain any procedural delays by 20 May.

Swift highlighted that over seven months had elapsed since Hamas officially filed its appeal, with nearly a year passing since the first application. He criticized the Home Office for its insistence on striking out the appeal entirely, accusing the department of lacking transparency and failing to uphold its duty of candour.

The proceedings faced further delays when the court could not assign a special advocate to manage secret evidence. As a result, Marzouk’s scheduled video appearance was postponed. In its original submission, Hamas argued that the proscription impedes its role in negotiating a political resolution to the conflict, suppresses dialogue toward a lasting settlement, and criminalizes civilians in Gaza.

Legal Arguments and Pro Bono Representation

Hamas’s case includes expert testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more nuanced stance on the group. The Home Secretary has 90 days to respond to a de-proscription challenge, as outlined in Section 4 of the Terrorism Act. Additionally, individuals affected by the proscription may petition for its removal.

“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, citing the government’s broader efforts to avoid accountability.

Magennis emphasized the significance of the case in evaluating the government’s justification for maintaining Hamas’s designation. The group is represented by Magennis, barrister Daniel Grutters, and solicitor Fahad Ansari, all of whom are providing legal services on a pro bono basis due to restrictions on funding from proscribed organisations.