The Palestinian Islamist group Hamas has submitted a legal filing saying it should be removed from the UK government’s list of proscribed terrorist groups.
Hamas, which carried out the 7 October 2023 attacks on southern Israel, in which more than 1,200 people, mainly civilians, were killed and a further 250 taken hostage, is arguing that it is not a terrorist group but “a Palestinian Islamic liberation and resistance movement whose goal is to liberate Palestine and confront the Zionist project”.
The assertion is contained in a witness statement by Mousa Abu Marzouk, head of international relations for Hamas and the applicant for the claim to the UK home secretary, Yvette Cooper, published by Drop Site News.
His statement continued: “The British government’s decision to proscribe Hamas is an unjust one that is symptomatic of its unwavering support for Zionism, apartheid, occupation and ethnic cleansing in Palestine for over a century. Hamas does not and never has posed a threat to Britain, despite the latter’s ongoing complicity in the genocide of our people.”
The Home Office said it did not comment on proscription matters.
Hamas’s military wing, Hamas IDQ, was proscribed by the UK in 2001. In 2021, its political wing which runs Gaza, was also proscribed, with the UK government describing the distinction between the two wings as “artificial” and labelling Hamas “a complex but single terrorist organisation”.
If an organisation is proscribed as a terrorist organisation it is a criminal offence to, among other things, belong to it, show or express support for it, and wear clothing or carry or display articles in public which would arouse reasonable suspicion that the individual is a member or supporter of it.
In a document provided to Drop Site summarising its legal arguments, Hamas’s legal team reportedly said it represented the group pro bono because it would be illegal to accept payment. It quotes the lawyers as saying: “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.”
Terrorism is defined in the act as the use of or threat of action, including serious violence against a person or damage to property, where it is “designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and must be undertaken for the purpose of advancing a political, religious, racial or ideological cause”.
Hamas is represented by Riverway Law. The lawyers state: “Rather than allow freedom of speech, police have embarked on a campaign of political intimidation and persecution of journalists, academics, peace activists and students over their perceived support for Hamas. People in Britain must be free to speak about Hamas and its struggle to restore to the Palestinian people the right to self-determination.”
They argue proscription is contrary to Britain’s obligations under international law to prevent genocide and crimes against humanity, and end Israel’s illegal occupation of the Palestinian territories. It says Hamas is the “only effective military force resisting” such acts.
Priti Patel, the shadow foreign secretary, said: “Hamas is an evil Iranian-backed terrorist organisation, which kidnaps, tortures and murders people, including British nationals. They pose an ongoing threat to our security and to the peace and stability of the Middle East and they have weapons and training facilities that put lives at risk and threaten our interests. They show no respect for human rights, life and dignity and have oppressed people living in Gaza for too long.”
