Studies and Analytical Papers
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Un-listing Hamas as ‘Terrorist’ Organization: European Court between Politics and Justice
2015-03-01
The European General Court (EGC) decision on the Liberation Tigers of Tamil Eelam case cast a shadow so long that it has influenced the Court’s more recent decision to delist Hamas as a terrorist organization. This paper goes back to examine how Hamas movement was initially listed as a terrorist organization, and why this move failed to bring down the party. It then examines Hamas’ appeal to the EGC, the group’s use of soft power to wage political battle with Europe, and the nature of the Court’s decision, as well as the ongoing politicization of the Court as part of a larger move to shift how courts interact with groups like Palestine’s Islamic movement. Based on the EU’s appeal against the Court’s initial decision, the paper discusses EU options in case its motion is denied.
