The Home Office has rejected a bid by a UK law firm to have Hamas removed from the UK’s list of proscribed terrorist organisations.
The now-defunct Riverway Law launched a legal challenge in April on behalf of the group, claiming the designation is a breach of the European Convention on Human Rights (ECHR).
Under the Terrorism Act 2000, proscription makes it a criminal offence to invite support for the group or to be a member of it, punishable by up to 14 years in prison.
In its challenge, the firm claimed the ban violated the UK’s obligation to “end the genocide”, was an unlawful restriction of speech, and that it was disproportionate as the group “does not pose any threat” to Britain or its citizens – despite a number of British nationals being among those killed or taken hostage on October 7, 2023.
The submission also argued that the proscription hindered Hamas’s ability to reach a political solution to the Gaza war.
In a statement, the Home Office said the government keeps the list of proscribed organisations under regular review but confirmed that Hamas will remain proscribed.
The Qassam Brigades, Hamas’ military wing, has been proscribed in the UK since 2001. In 2021, then Home Secretary Priti Patel extended the ban to cover the entire organisation.
Riverway has since closed its practice and confirmed it will become the “legal arm” of “Riverway to the Sea”, a movement dedicated to “confronting the racist ideology of Zionism”.
Meanwhile, Frank Magennis, a barrister who worked with Riverway Law to file the application, told a Socialist Workers’ Party gathering last week that Zionism “is in serious crisis” and encouraged supporters to “kick it to death”.
Following the Home Office’s dismissal, Riverway Law and Hamas can appeal the decision, but de-proscription is rare, with only four groups having been taken off the list since it was introduced under the Terrorism Act 2000.
The JC has contacted Riverway to the Sea for comment.
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