Hamas uses European human rights laws to challenge its ban in the UK - as terror group claims its proscription 'restricts free speech'

Terror group Hamas is using the European Convention of Human Rights (ECHR) to challenge its ban in the UK.

The Palestinian organisation has launched a legal bid to overturn its proscription in Britain, which makes it a criminal offence for anyone in the UK to belong to the group.

In its legal submission, which has been arranged by London-based law firm Riverway Law, Hamas claimed proscription was 'incompatible' with the ECHR.

The Islamist group said the ban 'unlawfully restricts the freedom of speech and assembly of those with whom the British State politically disagrees'.

It also claimed proscription is 'not proportionate because Hamas does not pose any threat to Britain or British citizens'.

The group added its ban was 'contrary to the duties of the British State to end genocide' and 'bring to an end the occupation of the occupied Palestinian territory'.

But Home Secretary Yvette Cooper this morning gave short shrift to the legal bid, as she pointed to the 'barbaric' attacks on Israel by Hamas on October 7, 2023.

These saw around 1,200 people killed and a further 250 taken hostage, including British citizens.

Terror group Hamas is using the European Convention of Human Rights (ECHR) to challenge its ban in the UK. Pictured: A masked Palestinian man waves a Hamas flag

Terror group Hamas is using the European Convention of Human Rights (ECHR) to challenge its ban in the UK. Pictured: A masked Palestinian man waves a Hamas flag

The legal challenge against the UK's proscription of Hamas is being fronted by Dr Mousa Abu Marzouk, a senior member of the group

The legal challenge against the UK's proscription of Hamas is being fronted by Dr Mousa Abu Marzouk, a senior member of the group

Home Secretary Yvette Cooper gave short shrift to the legal bid, as she pointed to the 'barbaric' attacks on Israel by Hamas on 7 October 2023

Home Secretary Yvette Cooper gave short shrift to the legal bid, as she pointed to the 'barbaric' attacks on Israel by Hamas on 7 October 2023

The military wing of Hamas, known as Hamas IDQ, was proscribed in Britain in 2001. 

In 2021, under then home secretary Dame Priti Patel, proscription was extended to the whole of Hamas.

The previous Tory government judged there was little distinction between the group's military and political wings.

Proscription means it is a criminal offence for anyone in Britain to belong to Hamas, invite support for Hamas, or wear clothing or carry flags or banners in public showing them to be a supporter of Hamas.

The penalties for proscription offences can be a maximum of 14 years in prison.

The legal challenge against the UK's proscription of Hamas is being fronted by Dr Mousa Abu Marzouk, a senior member of the terror group.

Commenting on the legal bid, Dame Priti said: 'Hamas is an evil Iranian-backed terrorist organisation, which kidnaps, tortures and murders people, including British nationals.

'They pose an ongoing threat to our security and to the peace and stability of the Middle East and they have weapons and training facilities that put lives at risk and threaten our interests.

'They show no respect for human rights, life and dignity and have oppressed people living in Gaza for too long.

'Those campaigning to end the proscription of Hamas fail to understand the seriousness of the threats and danger this terrorist organisation poses.

'Eighteen months ago, Hamas carried out the worst terror attack in Israel's history and the most murderous pogrom against the Jewish people since the Holocaust.

'It continues to hold 59 innocent hostages in cruel captivity. Nobody should be in any doubt about the true nature and intentions of Hamas.'

Asked on LBC radio about the legal challenge, Ms Cooper said: 'Hamas is a terrorist organisation.

'It was a barbaric terrorist attack on October 7 in Israel and Hamas has long been a terrorist organisation and banned in the UK.

'We maintain our view about the barbaric nature of this organisation.'

Chris Philp, the Tory shadow home secretary, said the legal challenge showed why Britain's 'weak human rights laws' are 'no longer fit for purpose'.

'The fact lawyers are seriously arguing our weak human rights laws could be twisted to protect murderous terrorists shows why these laws are no longer fit for purpose,' he said.

'Human rights laws should protect our citizens, not foreign criminals and possibly even terrorists.'

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