CAGE International has filed a legal application with the UK Home Secretary to remove Hamas from the UK terror list on the grounds that it violates freedom of expression.
The case, which is not on behalf of Hamas, challenges the legality of the proscription on the grounds that it violates freedom of expression and is being applied in a discriminatory manner, in violation of Articles 10 and 14 of the European Convention on Human Rights.
The submission is the first of its kind to focus on “the systemic suppression of political speech,” particularly within Britain’s Muslim communities.
It highlights the weaponisation of section 12 of the Terrorism Act 2000 against pro-Palestine advocacy. The Act criminalises support for proscribed organisations including social media posts, public speech, or even attending meetings.
Muhammad Rabbani, Managing Director of CAGE International, said: “The chilling effect on political speech in support of Palestine is stark. The systematic suppression of pro-Palestinian speech threatens not only those targeted, but also the principles of open debate and political freedom upon which a free society must be based.
“This case is about restoring a fundamental right and protection for our clients and communities — the right to speak freely, without fear of criminalisation.”
The application includes 24 anonymised case studies spanning six sectors. They feature:
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- Teachers suspended or dismissed.
- Students facing lengthy disciplinary proceedings.
- Doctors investigated or suspended for online comments.
- Activists, academics and professionals subjected to house raids and confiscation of property.
- Stops at airports under Schedule 7 and arrests under Section 12 of the Terrorism Act 2000, and onerous bail conditions.
- Individuals facing immigration sanctions including visa revocations or deportation orders for expressing support for the right of Palestinians to resist.
- Children as young as eight years referred to, or threatened with referral, to Prevent for expressing solidarity with Palestine.
CAGE says there is a consistent pattern of arrests and harassment against the above individuals with unsuccessful prosecution, yet leaving lasting damage.
And the advocacy group says its evidence reveals that prosecutions and disciplinary actions are overwhelmingly directed at Muslims, often triggered by “bad-faith actors and amplified by a politicised regulatory environment.”
Muhammad Rabbani added: “The continued proscription of Hamas is violating long-established freedoms enshrined in British law. It is enabling the expansion of authoritarian powers, all at the service of, and to defend the Zionist entity’s live-streamed genocide in Gaza.
“De-proscription is about reckoning with a political and diplomatic reality in addition to remedying the discriminatory application and abuse of power.”
CAGE filed the application on June 2 and the current Home Secretary, Yvette Cooper, has 90 days to respond.
If the Home Secretary agrees with CAGE’s application, Hamas will be de-proscribed, but if not, a right to appeal exists via the Proscribed Organisations Appeals Commission (POAC).
UK proscription of Hamas
The UK remains an outlier in continuing to proscribe Hamas in its entirety, despite growing international engagement with the political wing of the organisation and its de facto governance of Gaza.
The military wing of Hamas, known as the Izz al-Din al-Qassam Brigades, was initially proscribed in March 2001 under the Terrorism Act 2000.
In November 2021, the UK government extended this proscription to cover the entirety of Hamas, including its political wing, following a decision by then-Home Secretary Priti Patel.
The government assessed that the distinction previously made between the military and political wings was artificial, as Hamas was deemed a single, complex organisation involved in committing, participating in, preparing for, and promoting terrorism.
This proscription makes it a criminal offense in the UK to:
- Belong to or profess to belong to Hamas
- Invite support for the group
- Express opinions or beliefs supportive of Hamas in a way that is reckless as to whether it encourages others to support the group
- Arrange or assist in arranging meetings to support or further the activities of Hamas
- Wear clothing or display articles in public that arouse reasonable suspicion of membership or support for Hamas
Penalties for these offences can include up to 14 years in prison and/or a fine.
