Hamas has launched a legal challenge to overturn the UK government’s decision to label the entire group as a terrorist organization.
The group’s lawyers argue that the designation has harmed political efforts and stifled free speech and say former UK Home Secretary Priti Patel’s 2021 ruling was politically driven.
“The 2021 decision pursued explicitly political objectives by a politically compromised Secretary of State,” said the appeal submitted to current Home Secretary Yvette Cooper.
According to The Jerusalem Post, Mousa Abu Marzouk, who leads Hamas’ foreign relations office, authorized the move. Although the group’s armed wing, the Qassam Brigades, had already been banned in the UK for more than 20 years, Patel expanded the ban to include Hamas’ political branch as well, claiming there was no longer a difference between the two.
The 106-page appeal was filed by Fahad Ansari of Riverway Law, Daniel Grutters of One Pump Court Chambers, and Franck Magennis of Garden Court Chambers.
They claimed neither they nor the experts who helped build the case were paid by Hamas since accepting funds from a group on the UK’s terror list is illegal.
In the filing, Hamas said the ban blocks political dialogue and a possible peace process, criminalizes ordinary Palestinians in Gaza, and affects the ability to send aid to the region.
Lawyers claimed that there were no political solutions to the Israeli-Palestinian conflict following the 1967 suprise attack on Israel by its Arab neighbors, and the aftermath during which Israel reook more territory, coupled with increased restrictions on Palestinians due to decades of terrorism, gave rise to Hamas, which supposedly had no other choice but to use violence. They compared their situation to historical cases, including the African National Congress in South Africa and the Irish Republican Army in Northern Ireland.
The legal team claimed the ban goes against basic rights and has a chilling effect on open discussion, including in schools, the media, and public debate. Hamas even blamed the conflict in Gaza on rival group Fatah for rejecting Hamas rule, ignoring the civil war between the Palestinian terrorist groups.
Marzouk claimed the October 7, 2023 massacre was a pre-emptive attack calling, “Operation Al-Aqsa Flood” a “necessary step and a normal response to confront all Israeli conspiracies against the Palestinian people and their cause,” and, “a defensive act in the frame of getting rid of the Israeli occupation, reclaiming the Palestinians rights and on the way for liberation and independence like all peoples around the world did.” The terrorist also said that their taking of hostages and trading them for imprisoned terrorists during “prisoner exchanges” have been “the most significant mechanism of the Palestinian national movement to free large numbers of Palestinian prisoners.”
Hamas officials denied the Oct. 7 atrocities such as mass rape against civilians because Hamas soldiers were holy warriors and blamed the massacre on Israeli civilians and the IDF.
“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 the 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.
Hamas also warned that labeling them as terrorists threatens humanitarian aid efforts in Gaza. “Any form of assistance can be labelled ‘terrorism’ if it is seen as supporting a group that has been labelled a terrorist [organisation],” the filing said.
“There is an urgent need for honest, intelligent, and nuanced conversations about the situation in Palestine,” said barrister Daniel Grutters. “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 UK Home Secretary now has 90 days to respond to the application. If it is denied, Hamas could take the case to the Proscribed Organisations Appeal Commission for a judicial review.
This Story originally came from humanevents.com