BRUSSELS —The European Union’s second highest court has rejected an appeal by Hamas, the Palestinian terror group in the Gaza Strip, against the EU decisions to maintain the freezing of its funds as an entity involved in acts of terrorism
The General Court of Justice, which is part of the European Court of Justice, ruled : “The measures for the freezing of Hamas’ funds are neither disproportionate nor intolerable, especially as they do not violate its fundamental rights, since the aim pursued by such measures is to counter threats posed by terrorist acts on international peace and security.’’
Hamas had appealed a court’s ruling in 2017 that the group should remain on the EU list of terror organizations and have its funds frozen. That overturned an earlier ruling by a lower court to remove Hamas from the terror list in 2014, arguing that the media and the internet were not sufficient sources upon which to base a decision.
Hamas controls the Gaza Strip since 2007 after a violent takeover from Fatah.
The General Court said in its ruling that, contrary to Hamas’ submissions, holding on to power following elections, the political nature of an organisation or its participation in a government do not constitute grounds for avoiding the application of the EU rules.
‘’The General Court observes, contrary to Hamas’ submissions, that holding on to power following elections, the political nature of an organisation or its participation in a government do not constitute grounds for avoiding the application of the rules in the Common Position. It adds that since Hamas is not a Sovereign State, it cannot rely, in support of its claim, on the principle of non-interference to try to annul the decisions of the Council.’’