CAGE International has launched a legal application to the UK Home Secretary seeking the removal of Hamas from the government’s list of proscribed organizations. The filing, submitted on June 2, marks a landmark legal and political move, challenging the UK proscription of Hamas on grounds of civil liberties and human rights.

The case, which is not made on behalf of Hamas, asserts that the continued designation of the Palestinian group violates rights enshrined in the European Convention on Human Rights (ECHR), including freedom of expression and protection from discrimination.

The legal challenge is the first to focus explicitly on the discriminatory application of UK counterterrorism laws. It centers on the use of Section 12 of the Terrorism Act 2000 to criminalize pro-Palestine expression, including peaceful protests, social media activity, and public statements of support.

Muhammad Rabbani, Managing Director of CAGE International, stated that the proscription has created a “chilling effect” on political speech in Britain. “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,” he said.

Discriminatory enforcement of counterterrorism laws

The 100-page submission includes 24 anonymized case studies across sectors such as education, healthcare, immigration, and civil society. It documents instances of children as young as eight being referred to the Prevent program, university students facing disciplinary procedures, and professionals, including teachers and doctors, suspended over pro-Palestine posts online.

CAGE argues that these actions reflect a “systemic and discriminatory” pattern of enforcement under British counterterrorism laws, which it says disproportionately target Muslim communities and suppress lawful political expression.

According to CAGE, the enforcement of the ban has led to house raids, arrests, visa cancellations, and heightened surveillance, all of which have created an environment of fear. “This case is about restoring a fundamental right and protection for our clients and communities, the right to speak freely, without fear of criminalisation,” Rabbani explained.

He further asserted that the proscription of Hamas is being used to “enable the expansion of authoritarian powers, all at the service of, and to defend the Zionist entity’s livestreamed genocide in Gaza.” Rabbani added that deproscription would allow Britain to “reckon with a political and diplomatic reality” while correcting the discriminatory misuse of state power.

Government response deadline and legal roadmap

Since its reclassification in 2021 by then-Home Secretary Priti Patel, who resigned following undisclosed meetings with Israeli officials, the UK remains one of the few governments to maintain a blanket proscription of Hamas. CAGE contends that this position is increasingly out of step with international diplomatic norms, particularly given Hamas’ role as a political actor in Gaza.

Current Home Secretary Yvette Cooper has 90 days to respond to the legal application. Should the request be denied or ignored, CAGE may pursue an appeal with the Proscribed Organisations Appeals Commission, the body responsible for hearing legal challenges to government listings under counterterrorism legislation.

In a statement, CAGE reaffirmed its commitment to supporting individuals directly affected by the UK’s Hamas proscription. It described the legal effort as a crucial test of civil liberties in Britain, warning that the current trajectory risks entrenching fear and institutionalized discrimination.