The Palestinian militant group Hamas has taken the unprecedented step of intervening in an Australian Federal Court case, seeking to overturn its designation as a terrorist organisation.
The move forms part of a case launched in April by Indigenous activist Uncle Robbie Thorpe, uncle of Senator Lidia Thorpe, who argues that the classification fuels hostility and violence against Palestinians.
In a submission filed on October 15, representatives of Hamas based in Doha, Qatar, claimed that Australia’s ongoing proscription “declares unlawful the armed self-defence of the Palestinian people against genocide” and violates international law. The submission further alleges that the designation enables Israel and its allies to commit atrocities and spread “false atrocity propaganda” about Hamas’ actions on October 7, 2023, when the group launched a large-scale attack on Israel that killed 1,200 people and led to 250 kidnappings.
Daniel Taylor, from Sydney West Legal and Migration and legal counsel for Thorpe, said that while Hamas acknowledged civilian deaths, the group’s “goal or policy was not to deliberately kill civilians.” He argued that the terrorist label “incites genocide” by criminalising engagement or negotiation with Hamas, thus worsening the conflict and obstructing peace.
Hamas’ intervention was formally rejected by the court on October 21, with a full hearing set for February 2026. The Commonwealth Government is contesting the case.
Alex Ryvchin, co-chief executive of the Executive Council of Australian Jewry, described Hamas’ application as “chilling,” warning that it reveals a troubling willingness among some Australians, including lawyers and activists, to defend the group. “It should shock and alarm all of us that anyone would sign a document aimed at lifting Hamas’ terror status,” he said.
The case has reignited national debate over free expression, counterterrorism policy, and Australia’s diplomatic stance on the Israeli-Palestinian conflict, at a time when violence in Gaza continues and international scrutiny intensifies.
