Legal Challenge Against Hamas Proscription Cited for Infringing Free Expression
CAGE International has initiated legal proceedings with the UK Home Secretary, seeking to remove Hamas from the country’s terror list. The organization argues that the designation penalizes free speech and is enforced in a discriminatory manner, breaching key provisions of the European Convention on Human Rights.
The case, brought independently of Hamas, is the first to focus on what CAGE describes as “the systematic suppression of political speech.” It particularly scrutinizes the impact on Britain’s Muslim communities and highlights the misuse of Section 12 of the Terrorism Act 2000. Under this statute, expressing support for designated groups—even through social media, public declarations, or meeting attendance—can amount to a criminal offense.
Muhammad Rabbani, Managing Director of CAGE International, explained that the restrictions on pro-Palestinian discourse have had a chilling effect on political debate. He stressed that the ongoing limitations not only target specific individuals but also undermine the cornerstone of any free society—the right to open political discussion.
Evidence of Impact on Communities
The petition contains 24 anonymized case studies drawn from six different sectors. These examples illustrate the consequences of the current legal framework:
- Teachers encountering suspension or termination of employment.
- Students enduring extensive disciplinary procedures.
- Medical professionals facing scrutiny or suspension because of online remarks.
- Academics, activists, and professionals experiencing home raids and property seizures.
- Individuals being detained at airports and arrested under Section 12, compounded by onerous bail conditions.
- People subjected to immigration measures such as visa cancellations or deportation orders for supporting Palestinian resistance.
- Children, some as young as eight, who have been referred or threatened with referral to intervention programs simply for voicing solidarity with Palestine.
CAGE asserts that these actions, often culminating in investigations without trial, inflict lasting harm on the affected individuals. They argue that prosecutions and disciplinary measures appear to disproportionately target Muslims, frequently instigated by actors acting in bad faith and further intensified by a politicized regulatory setting.
Rabbani further stated that the continued inclusion of Hamas on the terror list undermines long-standing civil liberties in the UK. He warned that maintaining the proscription facilitates the growth of authoritarian powers while shielding controversial military actions in Gaza. According to CAGE, removing Hamas from the list would both acknowledge existing political realities and address the discriminatory misuse of state power.
Background on the UK’s Hamas Proscription
The United Kingdom is one of the few nations that still proscribe Hamas in its entirety, despite an increasing international willingness to engage with its political division. Initially, only the military wing—the Izz al-Din al-Qassam Brigades—was proscribed in March 2001 under the Terrorism Act 2000.
However, in November 2021, then-Home Secretary Priti Patel extended the proscription to encompass the whole organization, ruling that the distinction between military and political elements was misleading. This decision was based on the view that Hamas functions as a single entity engaged in terrorism through various means, including preparation, promotion, and execution of violent acts.
The current law makes it a criminal offense in the UK to:
- Identify as or claim affiliation with Hamas.
- Encourage support for the organization.
- Express views supportive of Hamas in a manner that could incite others.
- Organize or facilitate meetings aimed at advancing Hamas’ agenda.
- Wear attire or display symbols in public that might reasonably imply allegiance or support to Hamas.
Those convicted under these provisions can face severe penalties, including up to 14 years in prison or significant fines.
Next Steps in the Legal Process
CAGE International submitted its application on June 2, and the UK Home Secretary is now expected to review the case within 90 days. Should the Home Secretary agree with the petition, Hamas would be removed from the terror list. If the application is rejected, an appeal can be filed through the Proscribed Organisations Appeals Commission.
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