News
European Court of Justice rules Hamas should remain on terror list
The European Court of Justice (ECJ) ruled that Hamas should remain on the European Union’s (EU) terror list yesterday, overruling an earlier decision by a lower court.
The EU originally listed Hamas as a terror group in 2001 which allowed the groups assets in the EU to be frozen and for travel bans to be imposed on its members. But this decision was annulled on procedural grounds by an EU General Court in 2014 which argued the listing was made based on media reports rather than decisions by “competent authorities”.
Yesterday’s ruling however declared the 2014 decision must be reconsidered.
Hamas funds will continue to be frozen by the EU pending the outcome of this process.
The ECJ justified its overturning of the original ruling by stating that “the Council may maintain a person or an entity on the list if it concludes there is an ongoing risk of that person or entity being involved in the terrorist activities that justified their initial listing”.
The ruling puts the EU on par with the US, which also classifies Hamas as a terrorist organisation. The UK by contrast only classifies the group’s military wing, the Izz ad-Din al-Qassam Brigades, as a proscribed organisation.
The EU terrorism list, created after the Sept. 11 attacks in 2001 and last updated in January, includes 13 individuals and 22 organisations. Hamas has been listed since 2003 and its military wing since 2001.
In May, Hamas published an updated policy document in a bid to improve relations with its Arab neighbours and Western states. In the document it stated its belief that “the establishment of a fully sovereign and independent Palestinian state, with Jerusalem as its capital along the lines of 4 June 1967, [was] a formula of national consensus.” However, Hamas also restated its opposition to the Oslo Accords and the Quartet Principles – of recognising Israel, abiding by previous diplomatic agreements, and renouncing violence as a means of achieving goals – which would allow the international community to open a dialogue with the group. The policy document also asserted that resistance for the liberation of Palestine will remain “a legitimate right, a duty and an honour”.