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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.

As the first study to address the very recent issue “secret evidence,” this paper relies on primary and unstudied sources. It reviews the context of recent changes in the European justice system and the impact Hamas has left in filing its petition to have the group lifted from the list of terrorist groups in late 2010. The political dimension in the new law is also considered, including how it was given a legal guise to appear consistent with the requirement of justice. The timid international legal positions and reactions to these developments, the role played by the US and Britain, as well as the mimicry of Israel with regard to the secret evidence law are also discussed. The study concludes by tackling the implications of the new law, and the possibility of Hamas succeeding or failing to have itself removed from the terror list.