Top EU court returns Hamas to terror list after 3-year break

LUXEMBOURG (CN) — A lower EU court was wrong to strike Hamas from the European Union’s list of terrorist organizations, the union’s highest court found on Tuesday. 

Founded in 1987, following the First Intifada, Hamas is the de facto governing authority of the Gaza Strip. It holds a majority in the parliament of the Palestinian National Authority, but numerous countries, including the United States and Isreal, have declared it a terrorist organization. 

The case turns on an attempt by the European Council — a body made up of heads of state of all EU countries that sets the political agenda for the bloc — to add Hamas to the EU’s list of terrorist organizations in 2018. While the EU has a specific procedure for adding groups to the list, it failed to get a proper signature on some of the documents when it added Hamas. Specifically, signatures from the president of the council and its secretary-general were missing on several annexes to the application, including statements offered as evidence. 

Hamas appealed, and the General Court found in 2019 that the lack of authentication was sufficient to block designation. 

But the European Court of Justice overturned that finding Tuesday, saying the council met the spirit of the law even if it missed an administrative component.

Even without the signature on the evidence, the 11-judge panel wrote, “the authenticity of those statements of reasons has not been validly challenged.” The ruling notes that both the council president and its secretary-general had signed other documents in the annexed documents. Despite recognizing that signature is an important part of authentication, the court held that it was not needed for the entire package. 

Tuesday’s decision means Hamas is automatically added back to the list. 

This is only the latest in legal battles between Hamas and the EU. Hamas was first added to the list in 2003 and challenged such inclusion in 2010. The court has ruled on the subject 10 times. In a separate set of cases, Hamas has also contested financial restrictions. The lower court first overturned a freeze on Hamas assets in the EU, then reinstated it in 2018, after the decision was sent back from the higher court. 

The EU created its blacklist after the attacks of Sept. 11, 2001, imposing financial and practical consequences for groups and individuals added to the list. Bank accounts or other assets in the European Union can be frozen and travel for individuals can be blocked. Currently, there are 14 people and 21 groups on the list, which is reviewed every six months and was last updated in July. 

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