Implications of the Hamas legal case

A legal application to remove Hamas, a Palestinian resistance organisation, from the UK terror list was submitted to Home Secretary Yvette Cooper by British lawyers on 9 April 2025. [1]

Within the documents submitted by the trio of legal representatives, the group claimed that the 2021 proscription goes against the European Convention on Human Rights (ECHR). [2]

Indeed, one of the three grounds for deproscription is stated as follows,

Proscription is incompatible with arts. 10, 11 and 14 of the European Convention on Human Rights (‘ECHR’), because it unlawfully restricts the freedom of speech and assembly of those with whom the British State politically disagrees.” [2]

The submission later speaks about the occupation of Palestine, and after clarifying that the Gaza Strip was indeed occupied territory well before October 7, it quotes two UN resolutions for its actions on October 7 and before.

The document states,

Moreover, in resolution 2649 (XXV) of 1970, the UN General Assembly affirmed, in the specific context of the peoples of Palestine and southern Africa, the legitimacy of the struggle of peoples under colonial and alien domination recognised as being entitled to the right of self-determination to restore to themselves that right by any means at their disposal.

Similarly, in resolution 3070 (XXVIII) of 1973, the UN General Assembly clarified that ‘by all available means’ included armed struggle, and called upon all States to offer ‘moral, material and any other assistance’ to peoples struggling for the right of self-determination.” [2]

The group also claims within the submission that the labelling of Hamas as a terrorist organisation was mainly political, as before 2021, when the designation came into action, Hamas had no difference in strategies, doctrine, or leadership.

The Hamas case does not cover the Qassam Brigades, the military wing of Hamas that was designated in 2001, but covers all the other elements of the organisation, including the political wing. [3]

As regards the Qassam Brigades designation, the submission implies that this was Britain’s reaction to 9/11, rather than a calculated analysis of whether the group really deserved to be on the terror list.

The initial reaction

Many Zionists immediately took to social media to voice their dismay, with the Home Secretary, Yvette Cooper, herself replying to the Hamas case on LBC the day after it was submitted.

She told listeners,

Hamas is a terrorist organisation.

It was a barbaric terrorist attack on October 7. Hamas has long been a terrorist organisation.

We maintain our view about the barbaric nature of this organisation.” [4]

In what appeared to be an immediate rejection of the 106-page submission, Hamas’ legal representatives now have the judicial review avenue of challenging existing legal systems by launching an appeal to the Proscribed Organisations Appeal Commission.

Where it might go from here

The case could take months or even years to come to a final decision and cost thousands of pounds.

However, it has and will continue to spark debate on the underlying questions:

If Hamas is a terrorist organisation, what does that make Israel with its genocide in Gaza?
If Hamas is a terrorist organisation, is armed resistance against an occupier considered terrorism?

The very question of the rights of armed resistance could become mainstream, transforming the narrative of pro-Palestinian voices from one of defending Palestine to one calling for military action against Israel — as was done against Serbia in 1999 as a result of the mass killing in Kosovo.

Change in narrative certainly possible

Instead of defending Gaza’s right to exist by speaking out against a genocide, the narrative could shift to such an extent that the same voices could be calling for and defending the right of Palestinians to take up arms against Israel’s occupation.

The future is unclear but, with good co-ordination and perseverance, the Muslim journalism scene could become the new battleground that sets the ground ready for real action and change, if the fear of speaking about resistance is lifted by the will to speak the truth.

As Allah tells us,