The Berlin Higher Regional Court (Kammergericht), acting as the State Security Senate, convicted four defendants for membership in a foreign terrorist organisation pursuant to §§ 129a, 129b German Criminal Code (StGB). The defendants, aged between 36 and 58, were found to have acted as so-called "foreign operatives" (Auslandsoperateure) of the military wing of Hamas. Their role consisted of locating, maintaining, and managing concealed weapons depots in several European countries, including Poland, Bulgaria, and Denmark, intended for potential terrorist attacks against Jewish and Israeli targets in Europe. One defendant was additionally convicted of unlawful possession of war weapons and firearms. The court imposed custodial sentences ranging from four years and six months to six years. The judgment is of particular legal significance because it constitutes the first decision by a German Higher Regional Court expressly holding that Hamas qualifies as a foreign terrorist organisation within the meaning of §§ 129a and 129b StGB. According to the court, Hamas unequivocally fulfils the statutory criteria of a terrorist organisation under German criminal law.

§§ 129a Abs. 1 Nr. 1, 129b Abs. 1 Strafgesetzbuch (StGB)