We, at We Believe In Israel, are profoundly alarmed by Hamas's recent legal initiative to have its designation as a terrorist organisation removed in the United Kingdom. This unprecedented move not only seeks to revise established legal standards but also poses a serious threat to both regional and global security.
Hamas, encompassing both its political and military factions, has a longstanding record of violent actions targeting civilians. The harrowing events of 7 October 2023, where over 1,200 Israeli civilians were killed and 250 taken hostage, highlight the group's commitment to terror. Founded with the explicit aim of establishing an Islamic state in historic Palestine, Hamas steadfastly denies Israel's right to exist, consistently employing violence to further its objectives.
Legal Grounds for Terrorist Designation in the UK
Under the UK's Terrorism Act 2000, terrorism is defined as actions intended to influence the government or intimidate the public, undertaken for the purpose of advancing a political, religious, racial, or ideological cause. Such actions include serious violence against persons or property, endangering life, or creating a serious risk to public safety. Hamas's actions align unequivocally with these criteria, justifying its proscription under UK law.
Hamas's Legal Arguments and Their Rejection
Hamas's legal team, representing the group pro bono, presents several arguments for deproscription:
- Freedom of Speech: They contend that the proscription infringes upon individuals' rights to freedom of expression and assembly, as enshrined in the European Convention on Human Rights.
- Comparative Terrorism Definitions: The team argues that the UK's broad definition of terrorism could equally apply to state militaries, including those of Britain and Israel.
- Historical Context and International Obligations: Hamas claims that the UK's designation is rooted in historical support for Zionism and contradicts its international responsibilities to prevent genocide and uphold human rights.
- These arguments are fundamentally flawed. The proscription is based on Hamas's documented history of violence and its explicit goals, not on the actions of other entities. Moreover, the designation aligns with the UK's obligations under international law to combat terrorism and protect human rights.
Removing Hamas from the UK's list of proscribed terrorist organisations would send a perilous message, potentially emboldening terrorist groups and undermining global counterterrorism efforts. It would also conflict with the UK's commitments under international law, including United Nations Security Council Resolutions that mandate the suppression of terrorist financing and the isolation of terrorist entities.
We call upon the UK government to uphold its commitment to combating terrorism by firmly rejecting Hamas's legal challenge. Maintaining Hamas's proscribed status is essential to ensuring the safety and security of all citizens and reaffirming the UK's dedication to fighting terrorism in all its manifestations.
