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 a rationale for her stance against Hamas’s request to be delisted as a proscribed terrorist organisation. The order comes as the appeal proceeds before the Proscribed Organisations Appeal Commission (POAC).

Appeal Against Terror Designation

Hamas, which remains on the UK’s list of banned groups, is contesting its designation through POAC, an independent tribunal. The case follows a decision in 2021 by former Home Secretary Priti Patel to label the group as a terrorist organisation. The appeal was initially filed in April 2025 by Mousa Abu Marzouk, head of Hamas’s foreign relations office, who enlisted British legal counsel to challenge the designation.

Four months later, in August 2025, Hamas submitted a second appeal to POAC after former Home Secretary Yvette Cooper denied its request to remove the group from the list. The judge, Jonathan Swift, highlighted the government’s delays in addressing the case, noting over seven months had elapsed since the formal appeal was lodged.

Procedural Criticism and Delays

During Thursday’s hearing, Justice Jonathan Swift pressed government lawyers to justify any further delays in resolving Hamas’s appeal. The judge expressed frustration with the slow pace, stating that nearly a year had passed since the initial application was filed. He also condemned the Home Office’s attempt to strike out the appeal entirely, calling it a lack of transparency.

The hearing was postponed for several hours due to the court’s inability to assign a special advocate for handling secret evidence. Additionally, Mousa Abu Marzouk’s scheduled appearance via video link was canceled as a result of these delays.

Arguments and Legal Context

Hamas originally claimed that its proscription obstructs its role in negotiating a political resolution to the conflict. The group argued the designation hampers efforts to achieve a lasting settlement and unfairly criminalises Gazans. In its submission, Hamas included testimony from Israeli academic Avi Shlaim, based at Oxford, who encouraged the UK to adopt a more nuanced approach to the organisation.

Under Section 4 of the Terrorism Act, organisations designated as terrorist groups may appeal for removal. The Home Secretary has 90 days to respond to such challenges. Legal representatives for Hamas, Franck Magennis and Daniel Grutters, are supported by solicitor Fahad Ansari, all acting pro bono due to restrictions on receiving funds from proscribed groups.

“It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” said Magennis. “These positions are increasingly being challenged, including in English courtrooms.”