The Home Office said it did not comment on proscription matters.

Hamas’s military wing, Hamas IDQ was proscribed by the UK in 2001

In 2021 its political wing which runs Gaza, was also proscribed, with the UK government describing the distinction between the two wings as “artificial” and labelling Hamas “a complex but single terrorist organisation”.

If an organisation is proscribed as a terrorist organisation it is a criminal offence to, among other things,
1. belong to it,
2. show or express support for it,
3. and wear clothing or carry or display articles in public
4. which would arouse reasonable suspicion that the individual is a member or supporter of it.

In a document provided to Drop Site summarising its legal arguments, Hamas’s legal team reportedly said it represented the group pro bono because it would be illegal to accept payment.

It quotes the lawyers as saying: “Hamas does not deny that its actions fall within the wide definition of ‘terrorism’ under the Terrorism Act 2000.

Instead, it notes that the definition also covers all groups and organisations around the world that use violence to achieve political objectives, including the Israeli armed forces, the Ukrainian army and indeed the British armed forces.”

Terrorism is defined in the act as the use of or threat of action, including serious violence against a person or damage to property, where it is “designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and must be undertaken for the purpose of advancing a political, religious, racial or ideological cause”.