Law firm starts legal challenge in UK on Hamas’ behalf over terror designation

Hamas has enlisted a London-based law firm to appeal the UK’s designation of the group as a terrorist organisation, The New Arab can reveal.

The 106-page legal challenge to the UK Home Office, read by The New Arab, argues that the proscription of Hamas as a terror group obstructs the group’s ability to work toward a lasting political solution in Gaza and the Occupied Palestinian Territories, and breaches the UK’s international legal obligations to prevent genocide and apartheid. 

After the 2021 decision by then-Home Secretary Priti Patel to extend the proscription of Hamas to include all its branches, it became a criminal offence in the UK to be a member of Hamas, voice support for the group, or publicly display its symbols. Before then, only Hamas’s military wing — the Al-Qassam Brigades — was a proscribed group in the UK. 

The legal challenge was submitted by Fahad Ansari, director of Riverway Law, on behalf of Dr. Mousa Abu Marzouk, the Head of International Relations and the Legal Office in Hamas’ political bureau.

Additional legal support is provided by barristers Daniel Grütters of One Pump Court Chambers and Frank Magennis of Garden Court Chambers. 

"There is an urgent need for honest, intelligent, and nuanced conversations about the situation in Palestine," Grütters said in a statement.

"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 settlement," the statement added.

Hamas' political bureau 

Hamas has been accused of war crimes during the 7 October attack on Israel, with ICC arrest warrants issued for two Al-Qassam Brigades leaders, along with Israeli PM Benjamin Netanyahu and Defense Minister Yoav Gallant.

However, many countries distinguish between the Al-Qassam Brigades and Hamas’ political bureau, which is currently in talks with Egyptian and American mediators.

The deproscription application looks to "remedy the ongoing illegality" of the British state’s involvement in the persecution of the Palestinian people, as well as "its support for — and complicity in — the colonisation of Palestine" and alleged crimes against humanity committed by Israel. 

According to the press release, the proscription of Hamas is "incompatible with the British state’s obligations under both international and domestic law" and presents a "historic opportunity to move away from the British state’s morally and legally indefensible policy" of supporting Israel.

Yvette Cooper, the UK’s home secretary, can add or remove any group engaged from the list of proscribed organisations.

Speaking at the 9 April press conference, Frank Magennis of Garden Court Chambers drew historical parallels with South Africa and Ireland, noting that the British state has previously removed groups from its proscribed list — citing examples such as Nelson Mandela’s African National Congress (ANC) and Sinn Fein. 

Both groups ultimately became partners in peace agreements and were recognised as legitimate political bodies by the UK. 

The press release also states that "Britain has been criticised for suppressing Palestinian groups and voices, with accusations of disproportionately affecting freedom of speech and assembly", as safeguarded by Articles 10 and 11 of the European Convention on Human Rights.

It further notes that "this has had a chilling effect on academic, journalistic, and public discussions regarding Israel's occupation of Palestine."

"The application invites the Secretary of State to change course from Britain's longstanding complicity in settler colonialism and apartheid dating back to the Balfour Declaration until the present-day genocide," said Ansari. 

The Home Secretary now has 90 days to respond to Hamas' application.

Should the Home Secretary refuse the application, the law provides for an appeal to the Proscribed Organisations Appeal Commission, where the decision can be challenged on judicial review grounds.

The timing of the petition coincides with Israel’s continued war on Gaza, which has resulted in the deaths of over 61,700 Palestinians. Since Israel violated the ceasefire agreement with Hamas on 18 March, thousands more have been killed and aid totally barred from entering the enclave. 

The New Arab reached out to the UK Home Office for comment. As of the time of writing, no response has been received.