British lawyers acting on behalf of Hamas are challenging the Palestinian military group’s proscription as a terrorist organisation in the UK.
It is a move considered unthinkable just months ago. As Israel’s 18-month war on Gaza rages indiscriminately after shattered its ceasefire, Hamas is formally asking the Home Office to remove it from the list.
A 106-page legal applicationsubmitted by Riverway Law to home secretary Yvette Cooper is appealing against the designation.
It argues 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’.
It also claims the ban breaches Hamas supporters’ human rights under the European Convention of Human Rights (ECHR) by ‘unlawfully restricting’ their freedom of speech and rights to protest.
Mousa Abu Marzouk, head of international relations for Hamas, and the applicant for the claim, said in a statement to Drop Site News: ‘The UK 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.
‘It is perhaps out of colonial guilt that Britain fears that one day, those it oppresses will strike back against the sponsors of the Zionist entity. Britain should have no such fear.’
When was Hamas proscribed as a terror group in Britain?
The military wing of the group, which is behind the October 7, massacre on southern Israel, in which more than 1,200 people, has been on the list since 2001.
At the time, the UK aligned itself with the US-led ‘war on terror’.
When it added Hamas as a whole to the list in 2021, the Home Office said: ‘The government now assess[es] that the approach of distinguishing between the various parts of Hamas is artificial.
‘Hamas is a complex but single terrorist organisation.’
Legally, this means it is a criminal offence to belong to or invite support to the groups.
The legal team argues proscription is contrary to Britain’s obligations under international law to prevent genocide and the crimes against humanity it accuses Israel of.
It says the group is the ‘only effective military force resisting’ such acts.
What is a proscribed organisation?
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Under the Terrorism Act 2000, the home secretary may proscribe a group if they believe it is concerned in terrorism, and it is proportionate to do.
For the purposes of the act, this means that the organisation commits or participates in acts of terrorism; prepares for terrorism; promotes or encourages terrorism (including the unlawful glorification of terrorism); and is otherwise concerned in terrorism.
Penalties for proscription offences under sections 11 and 12 are a maximum of 14 years in prison and/or a fine.
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The maximum penalty for a section 13 offence is six months in jail and/or a fine not exceeding £5,000.
Who is on Britain’s proscribed terror group list?
Currently, there are 81 group the UK government considers as ‘terrorist’ and which are proscribed under the Terrorism Act 2000.
Some of the most notorious organisations on the list include the Nigeria-based Boko Haram, Lebanon’s Hezbollah and Russia’s Wagner mercenary group.
There are also 14 organisations in Northern Ireland that were proscribed under previous legislation.
Full list of proscribed organisations in the UK
- 17 November Revolutionary Organisation (N17) – proscribed March 2001
- Abdallah Azzam Brigades, including the Ziyad al-Jarrah Battalions (AAB) – proscribed June 2014
- Abu Nidal Organisation (ANO) – proscribed March 2001
- Abu Sayyaf Group (ASG) – proscribed March 2001
- Ajnad Misr (Soldiers of Egypt) – proscribed November 2014
- Al-Ashtar Brigades including Saraya al-Ashtar, Wa’ad Allah Brigades, Islamic Allah Brigades, Imam al-Mahdi Brigades and al-Haydariyah Brigades – proscribed December 2017
- Al-Gama’at al-Islamiya (GI) – proscribed March 2001
- Al Ghurabaa – proscribed July 2006
- Al Ittihad Al Islamia (AIAI) – proscribed October 2005
- Al Murabitun – proscribed April 2014
- Al-Mukhtar Brigades including Saraya al-Mukhtar – proscribed December 2017
- Al Qa’ida (AQ) – proscribed March 2001
- Al Shabaab – proscribed March 2010
- Ansar Al Islam (AI) – proscribed October 2005
- Ansar al-Sharia-Benghazi (AAS-B) which translates as the Partisans of Islamic Law – proscribed November 2014
- Ansar Al Sharia-Tunisia (AAS-T) – proscribed April 2014
- Ansar Al Sunna (AS) – proscribed October 2005
- Ansar Bayt al-Maqdis (ABM) – proscribed April 2014
- Ansaroul Islam also known as Ansar ul Islam and Ansaroul Islam Lil Irchad Wal Jihad – proscribed March 2019
- Ansarul Muslimina Fi Biladis Sudan (Vanguard for the protection of Muslims in Black Africa) (Ansaru) – proscribed November 2012
- Armed Islamic Group (Groupe Islamique Armée) (GIA) – proscribed March 2001
- Asbat Al-Ansar (League of Partisans or Band of Helpers) – Proscribed November 2002
- Atomwaffen Division (AWD) also known as National Socialist Order (NSO) – proscribed April 2021
- Babbar Khalsa (BK) – proscribed March 2001
- Basque Homeland and Liberty (Euskadi ta Askatasuna) (ETA) – proscribed March 2001
- Baluchistan Liberation Army (BLA) – proscribed July 2006
- Boko Haram (Jama’atu Ahli Sunna Lidda Awati Wal Jihad) (BH) – proscribed July 2013
- Egyptian Islamic Jihad (EIJ) – proscribed March 2001
- Feuerkrieg Division (FKD) – proscribed July 2020
- Global Islamic Media Front (GIMF) including GIMF Banlga Team also known as Ansarullah Bangla Team (ABT) and Ansar-al Islam – proscribed July 2016
- Groupe Islamique Combattant Marocain (GICM) – proscribed October 2005
- Harakat al-Muqawamah al-Islamiyyah (Hamas) – proscription extended November 2021
- Harakat-Ul-Jihad-Ul-Islami (HUJI) – proscribed October 2005
- Harakat-Ul-Jihad-Ul-Islami (Bangladesh) (HUJI-B) – proscribed October 2005
- Harakat Mujahideen (HM) – proscribed March 2001
- Haqqani Network (HQN) – proscribed March 2015
- Hasam including Harakat Sawa’d Misr, Harakat Hasm and Hasm – proscribed December 2017
- Hizballah (Party of God) – proscribed March 2019
- Hizb ut-Tahrir – proscribed January 2024
- Imarat Kavkaz (IK) also known as the Caucasus Emirate – proscribed December 2013
- Indian Mujahideen (IM) – proscribed July 2012
- Islamic Army of Aden (IAA) – proscribed March 2001
- Islamic Jihad Union (IJU) – proscribed July 2005
- Islamic Movement of Uzbekistan (IMU) – proscribed November 2002
- Islamic State of Iraq and the Levant (ISIL) also known as Dawlat al-‘Iraq al-Islamiyya, Islamic State of Iraq (ISI), Islamic State of Iraq and Syria (ISIS) and Dawlat al Islamiya fi Iraq wa al Sham (DAISh) and the Islamic State in Iraq and Sham – proscribed June 2014
- Jaish e Mohammed (JeM) and splinter group Khuddam Ul-Islam (Kul) – JeM proscribed March 2001 and KuI proscribed October 2005
- Jamaah Anshorut Daulah – proscribed July 2016
- Jamaat Nusrat al-Islam Wal-Muslimin (JNIM) also known as Jamaat Nusrat al-Islam Wal-Muslimin (JNIM), Nusrat al-Islam, Nusrat al-Islam wal Muslimeen (NIM), including Ansar al-Dine (AAD), Macina Liberation Front (MLF), al-Murabitun, al-Qa’ida in the Maghreb and az-Zallaqa – proscribed March 2019
- Jamaat ul-Ahrar (JuA) – proscribed March 2015
- Jammat-ul Mujahideen Bangladesh (JMB) – proscribed July 2007
- Jamaat Ul-Furquan (JuF) – proscribed October 2005
- Jaysh al Khalifatu Islamiya (JKI) which translates as the Army of the Islamic Caliphate –proscribed November 2014
- Jeemah Islamiyah (JI) – proscribed November 2002
- Jund al Khalifa-Algeria (JaK-A) which translates as Soldiers of the Caliphate – proscribed January 2015
- Kateeba al-Kawthar (KaK) also known as Ajnad al-sham and Junud ar-Rahman al Muhajireen – proscribed June 2014
- Lashkar e Tayyaba (LT) – proscribed March 2001
- Liberation Tigers of Tamil Eelam (LTTE) – proscribed March 2001
- Liwa al-Thawra – proscribed December 2017
- Minbar Ansar Deen also known as Ansar al-Sharia UK – proscribed July 2013
- National Action – proscribed December 2016
- Palestinian Islamic Jihad – Shaqaqi (PIJ) – proscribed March 2001
- Partiya Karkeren Kurdistani (PKK) which translates as the Kurdistan Worker’s Party – proscribed March 2001
- Popular Front for the Liberation of Palestine-General Command (PFLP-GC) – proscribed June 2014
- Revolutionary Peoples’ Liberation Party – Front (Devrimci Halk Kurtulus Partisi – Cephesi) (DHKP-C) – proscribed March 2001
- Salafist Group for Call and Combat (Groupe Salafiste pour la Predication et le Combat) (GSPC) – proscribed March 2001
- Saved Sect or Saviour Sect – proscribed July 2006
- Sipah-e Sahaba Pakistan (SSP) (Aka Millat-e Islami Pakistan (MIP) – SSP was renamed MIP in April 2003 but is still referred to as SSP) and splinter group Lashkar-e Jhangvi (LeJ) – proscribed March 2001
- Sonnenkrieg Division (SKD) – proscribed February 2020
- Tehrik Nefaz-e Shari’at Muhammadi (TNSM) – proscribed July 2007
- Tehrik-e Taliban Pakistan (TTP) – proscribed January 2011
- The Base – proscribed July 2021
- The Terrorgram collective – proscribed April 2024
- Turkestan Islamic Party (TIP) also known as East Turkestan Islamic Party (ETIP), East Turkestan Islamic Movement (ETIM) and Hizb al-Islami al-Turkistani (HAAT) – proscribed July 2016
- Turkiye Halk Kurtulus Partisi-Cephesi (THKP-C) is also known as the Peoples’ Liberation Party/Front of Turkey, THKP-C Acilciler and the Hasty Ones – proscribed June 2014 THKP-C is a left-wing organisation formed in 1994. The group grew out of the Turkish extreme left Revolutionary Youth Movements which formed in the 1960s and 70s
- Wagner Group – proscribed September 2023
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