A landmark application was filed on 9th April by Riverway Law on behalf of senior political Hamas figure Dr Mousa Abu Marzouk, challenging the UK Government’s 2021 decision to proscribe the entirety of Hamas under the Terrorism Act 2000 (TA 2000), Section 3(5).

What does this mean & why has it been done?

The History

In 2021, The Political Wing of Hamas was proscribed by Priti Patel, a compromised Home Secretary (political integrity being questionable, having been sacked for secret meetings with Israeli officials), a political move, which has, until this day enabled the justification of Gaza’s genocide, and prevented the possibility of any peace agreement moving forward.

The Proscribed Organisations List is updated by then Home Secretary via statutory instrument without parliamentary scrutiny or a full evidentiary process.

The 2021 order removed the prior distinction between Hamas’s political and military wings, criminalising any public expression that could be interpreted as “supportive” of the group – including political commentary, historical analysis, or calls for any diplomatic engagement.
Section 12 of the TA 2000 criminalises any act of inviting support for a proscribed organisation or displaying an article (e.g. a flag/ slogan) in a way that arouses suspicion of membership or support – regardless of intent.

The Legal Team

Fahad Ansari, Director of Riverway Law, said:

“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.”

Franck Magennis, Barrister at Garden Court Chambers, who has been instructed as counsel on the case, commented:

“It is well established that dignity is the foundation of all systems of human rights law. Arguments about Palestinian dignity are central to this application and I look forward to seeing how the Home Secretary engages with them.”

Daniel Gütters, Barrister at One Pump Court Chambers, noted:

“There is an urgent need for honest, intelligent, and nuanced conversations about the situation in Palestine. 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 Grounds Of The Application

1. Ultra vires (beyond the powers) of the Home Secretary.
2. Disproportionate* under Article 10 of the European Convention on Human Rights (freedom of expression) and Article 11 (freedom of association)
3. Procedurally flawed, due to the lack of independent oversight and non-disclosure of evidence used to reach the decision.

The Precedent Set If Rejected

This challenge will have serious implications on everyone’s civil liberties, legal certainty, and the legitimate scope of political expression;

1. The limits of executive power in national security classifications.
2. The definition and criminal threshold of “support,” and
3. The legality of non-violent advocacy in international conflicts.

What can you do to help?

Share this message to raise awareness for this application, as requested.

Use your voice to, to advocate for Palestinians rights & rights to self determination.

Verified orgs will reach out and  request a call to action when needed.

Legal firms may offer unsolicited expert Legal Opinions To Riverside Law.

Disclaimer: Support for the legal process and de-proscription effort is 100% lawful. However, Please be advised that any expression of support to Hamas or of any proscribed groups still remains illegal under the UK Terrorism Act 2000.

Reference: Tanya, Campaign Against Anti Muslim Hate

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