Overview
- Hamas sought to intervene in Thorpe’s Federal Court action to overturn Australia’s 2022 designation of the entire movement as a terrorist organisation, but the court refused the interlocutory application on October 21.
- In filings lodged via its Doha-based political bureau, Hamas argues the proscription breaches international law, criminalises armed resistance, and undermines ceasefire negotiations and their implementation.
- Thorpe’s case contends the designation unconstitutionally chills freedom of political communication in Australia by deterring discussion of Palestinian strategies to resist Israeli occupation.
- Home Affairs Minister Tony Burke has written that he is satisfied Hamas still meets the statutory threshold for listing, citing the October 7, 2023 attacks and ongoing advocacy for terrorist acts.
- Jewish community leaders, including the Executive Council of Australian Jewry, denounced the delisting push, and the Commonwealth will contest the matter at the full hearing scheduled for next year.