London: The Palestinian group Hamas has filed a legal petition in the UK, requesting that the government remove it from the list of designated terrorist organizations. In November 2021, then-UK Home Secretary Priti Patel announced that Hamas had been designated as a "terrorist" organization.
According to Anadolu Agency, Daniel Grutters, one of the lawyers leading the legal process for Hamas in the UK, stated that Patel's decision in 2021 was made for "political reasons" and constituted "an abuse of power." Grutters mentioned that the application seeks to remove Hamas from the UK's list of banned organizations, emphasizing the group's right to challenge the decision. He is providing legal assistance to his client during the preparation stage.
The application aims to overturn the ban and restore Hamas' legal status in the UK. Grutters noted that under current UK law, it is illegal to support or sympathize with banned organizations. If Hamas is removed from the list, the restrictions will be lifted.
One of the primary arguments of the application is that the Palestinian people have the right to armed resistance under international law. The petition describes Israel's occupation of Gaza as illegal, where genocide has been ongoing since October 2023, Grutters said. He highlighted that armed resistance to these crimes is a right, and the application explains how Hamas is exercising that right.
The application has been submitted to the current Home Secretary Yvette Cooper, who is expected to decide within 90 days. Grutters outlined two possible outcomes: Cooper could accept the application and submit a bill to Parliament to remove Hamas from the list, or she could reject it and provide reasons for her decision. If rejected, Hamas can appeal to the Proscribed Organizations Appeal Commission, but only if the home secretary's decision is deemed unlawful or unreasonable.
The application stresses international law and freedom of expression, arguing that human rights violations in Gaza, under Hamas's administration, should be defended under international law. Grutters highlighted the International Court of Justice's findings against Israel, stating that states must end these crimes. He added that "the political disagreements with groups trying to end those crimes" should not influence how the Home Secretary engages with such groups.
Historically, the UK had only banned Hamas's military wing, the al-Qassam Brigades. Patel's 2021 decision expanded the ban to cover the entire Hamas organization, arguing that there was no longer a distinction between the group's political and military wings. Under Section 4 of the Terrorism Act, any banned group can apply to have its name removed from the list of banned organizations.
Hamas Political Bureau member Musa Abu Marzouk had also instructed British lawyers to appeal Patel's decision at the time. More than 51,200 Palestinians have been killed in Gaza since October 2023, most of them women and children. Last November, the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.