FAQs

Is this legal?

The short answer: yes. It is perfectly legal to support the application for de-proscription. It is important to understand that the Islamic Resistance Movement (Hamas) is currently a proscribed group in the UK and thus making any public statements of support for the group itself is illegal. Supporting the application, however, is not.

Who/What is Hamas?

The Islamic Resistance Movement or Hamas as they are more commonly known was established in 1987, during the First Intifada. Hamas consist of both a political bureau, which contests elections and manage the daily running of Gaza, and an armed wing, known as the Izz Al-Din Qassam Brigades.

Hamas supports the liberation of Palestine from illegal Israeli occupation by all means necessary, including armed resistance (which is enshrined under International Law). In 2005, Hamas' political bureau won a landslide victory in the Palestinian parliamentary elections.

What does 'proscription' mean?

Proscription or 'ban' is a process applied by the UK government which creates a number of criminal offences in relation to a proscribed group, including:

1. Being a member of the group

2. Wearing or publishing its symbols or insignia

3. Expressing or inviting support for it

4. Organising meetings in support of it

Why has Hamas been proscribed in the UK?

The 'armed wing' of Hamas - the Al-Qassam Brigades' were on the UK's list of proscribed organisations since March 2001. But the political bureau was added on in November 2021 by then Home Secretary, Priti Patel.

The legal challenge for de-proscription argues that Patel's decision to proscribe Hamas was motivated by her personal political opinion that the distinction between Hamas' military and political wings was "artificial", as well as her political support for Zionism.

It is important to note that Patel's decision departed significantly from previous governments' positions, with government ministers as recently as June 2020 stating there was 'clear distinction' between the military and political wings.

On what grounds are we asking for the proscription to be lifted?

The legal case for de-proscription argues that the UK's proscription of Hamas:

1. Breaches its obligations under the Genocide Convention by imposing obstacles to Palestinians defending themselves from extermination;

2. Harms humanitarian aid and support to Gaza;

3. Infringes upon human rights and freedom of expression;

4. Undermines democracy by banning the political party that won the last free and fair elections in Palestine;

5. Is irrational, given no threat exists or has ever existed, from Hamas to Britain.