Hamas launches legal challenge against UK terror designation

The Palestinian group Hamas has instructed British lawyers to appeal the UK’s 2021 decision to designate the movement as a terrorist organisation, Middle East Eye can reveal.

Legal papers seen by MEE show that Mousa Abu Marzouk, the head of Hamas’ foreign relations office, instructed lawyers to appeal a controversial decision by former UK Home Secretary Priti Patel to proscribe the group in its entirety.

Hamas’ military wing, the Qassam Brigades, was proscribed by the UK more than two decades ago, but Patel decided to extend the ban to the whole organisation, arguing there was no longer a distinction between the political and military wings of the group.

Fahad Ansari, the director of Riverway Law, which is leading the challenge; Daniel Grutters, a barrister at One Pump Court Chambers and Franck Magennis, a barrister at Garden Court Chambers, submitted a 106-page application to Home Secretary Yvette Cooper on Wednesday which claimed the 2021 decision “pursued explicitly political objectives by a politically compromised Secretary of State”.

The lawyers involved in the case stressed that Hamas did not pay them or the experts and lawyers who provided evidence for its submission, as it is illegal to receive funds from a group designated as a terrorist organisation.

In Wednesday’s legal submission, Hamas said the proscription hindered the group’s ability to broker a political solution to the conflict, stifled conversations in securing a long-term political settlement and criminalised ordinary Palestinians residing in Gaza.

Using the example of the African National Congress (ANC) in South Africa and the Irish Republican Army (IRA) in Northern Ireland, the application “asserts that proscription undermines the possibility of a peaceful settlement”.

The group also argued that the prescription infringes fundamental rights and has a disproportionate impact on freedom of speech, freedom of assembly and open debate and political expression, which is creating a chilling effect on academia, journalism and public discourse on Israel’s actions in Palestine. 

MEE has also sent a request for comment to the UK Home Office at the time of writing.

Proscription stifles discussion

Proscribing a group as a terrorist organisation under Britain’s Terrorism Act automatically creates several criminal offences for anyone who is a group member, wears or publishes the group’s symbols, expresses or invites support for the group, or organises a meeting in support of it.

“Hamas does not deny that its actions fall within the wide definition of ‘terrorism’ under the Terrorism Act 2000. Instead, it notes that the definition also covers all groups and organisations around the world that use violence to achieve political objectives, including the Israeli armed forces, the Ukrainian Army and, indeed, the British armed forces,” Hamas said in its legal submission. 

“Of course, not all such groups are proscribed as ultimately that is a question of discretion for the Secretary of State… Transition to a political process is hindered by the terrorism label, as talking with terrorists is a taboo,” it added.

The group also said that the proscription impacts the delivery of humanitarian aid into the Gaza Strip, as any form of assistance can be labelled “terrorism” if it is “seen as supporting a group that has been labelled a terrorist [organisation].”

“There is an urgent need for honest, intelligent, and nuanced conversations about the situation in Palestine,” said Grutters, one of the three barristers.

“Regardless of your opinion on Hamas, a policy which has the effect of stifling discussion is unhelpful and acts as a substantial hurdle to reaching a long-term political settlement.”

The home secretary has 90 days to respond to Hamas’ application. Under section 4 of the Terrorism Act, any group proscribed as a terrorist organisation can appeal to remove its name from the government’s list of banned organisations. 

Cooper also has the discretion to add or remove any group engaged in armed conflict from the list of proscribed organisations.

If the home secretary rejects the application, Hamas could launch an appeal to the Proscribed Organisations Appeal Commission, where the decision can be challenged on judicial review grounds.

We don’t run ads. We run on dua, dedication, and your support. Help us stay online

Click here to Donate