A High Court judge has ruled the government’s designation of Palestine Action as a terrorist organisation was unlawful and disproportionate, prompting an immediate vow from the Home Secretary to appeal the decision.
Dame Victoria Sharp concluded only a very small number of Palestine Action’s activities amounted to terrorism, with the nature and scale of the group’s actions not reaching “the level, scale and persistence to warrant proscription.” The judge stated that general criminal law remains available to prosecute activities falling within terrorism definitions.
The ruling comes after nearly 3,000 people were arrested following the ban’s implementation on 5 July last year, according to co-founder Huda Ammori, who successfully brought the legal challenge. Those detained included priests, vicars, former magistrates, retired doctors, teachers, pensioners and an 81-year-old former magistrate.
Home Secretary Shabana Mahmood confirmed her intention to fight the judgment in the Court of Appeal, stating she was “disappointed” by the court’s decision. “The proscription of Palestine Action followed a rigorous and evidence-based decision-making process, endorsed by Parliament,” she said.
The former Lord Chancellor added: “Home Secretaries must however retain the ability to take action to protect our national security and keep the public safe. I intend to fight this judgment in the Court of Appeal.”
Palestine Action remains proscribed as a terrorist organisation whilst the government prepares its appeal, with membership or support for the direct-action group continuing to carry potential penalties of up to 14 years in prison. Then-home secretary Yvette Cooper imposed the ban under the Terrorism Act 2000.
Ammori described the ruling as “a monumental victory both for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people, striking down a decision that will forever be remembered as one of the most extreme attacks on free speech in recent British history.”
She stated the ban was unlawful and “resulting in the unlawful arrest of nearly 3,000 people” under terrorism laws “for simply sitting in silence while holding signs reading: ‘I oppose genocide I support Palestine Action’.”
The co-founder emphasized Palestine Action was “the first civil disobedience organisation that does not advocate for violence to be proscribed by the British Government as a ‘terrorist’ group, in a Trumpian abuse of power which would have seen this Labour Government proscribe the Suffragettes.”
Approximately 100 supporters gathered outside the High Court in central London, cheering and chanting “Free Palestine” when news of the judgment broke. The decision vindicates Ammori’s legal challenge launched in June before her unsuccessful last-minute attempt on 4 July to prevent the ban taking effect.
The court heard evidence from Normal People author Sally Rooney, who pledged to donate earnings from her books and BBC adaptations to Palestine Action. Rooney stated it was “unclear” whether UK companies can make payments to her under anti-terror laws and said it is “almost certain” she cannot publish or produce new work in Britain whilst the ban remains active.
Green Party leader Zack Polanski called for the Crown Prosecution Service to drop charges against protesters arrested for supporting Palestine Action. “Over 2,700 people have so far been arrested for holding a sign opposing genocide and the proscription of Palestine Action. Those already charged should have those charges dropped,” he stated.
Raza Husain KC, representing Ammori at the November hearing, told the court arrests had included priests, teachers, pensioners and retired British Army officers among the more than 2,000 people detained under terrorism legislation.
The Home Office lost a Court of Appeal bid in October to block the challenge from proceeding, with judges dismissing the department’s argument that Ammori should use the Proscribed Organisations Appeal Commission rather than the High Court.
Mahmood acknowledged the court agreed proscription does not prevent peaceful protest in support of the Palestinian cause whilst maintaining her determination to overturn the ruling. The Home Secretary stated she has “the deepest respect for our judiciary” but emphasized the need for ministers to protect national security.
The Court of Appeal will now hear the government’s arguments seeking to overturn Dame Victoria Sharp’s finding of disproportionality. Until the appeal concludes, Palestine Action remains a proscribed organisation with criminal penalties in force for membership or support.
