The High Court has ruled that the Home Office’s proscription of Palestine Action as a terrorist group was unlawful, following a legal challenge by the group’s founder.
The government banned the group, placing it in the same legal category as Hamas and Al Qaeda, last July after activists broke into an RAF base and defaced planes.
But Hudda Ammori, one of Palestine Action’s co-founders, was granted a judicial review of the decision in October.
During the hearing, Raza Husain KC, representing Ammori, cited figures from the Defend Our Juries protest group, which suggested that 2,787 people have been arrested in connection with the ban since it came into force.
Defend Our Juries organised a series of protests against the proscription, which featured activists holding up signs reading “I oppose genocide, I support Palestine Action”.
Hundreds were subsequently arrested under Section 13 of the Terrorism Act 2000, which makes it an offence to display an article, such as a sign, that would arouse reasonable suspicion of support for a proscribed organisation.
Sir James Eadie KC, for the Home Office, argued that the ban had not prevented activists from protesting against Israel or in support of Palestinians.
"While it has at all times been open to supporters of Palestine Action to protest against its proscription without breaking the law, certain individuals have instead repeatedly sought to flout Palestine Action's proscription,” he added.
Delivering the verdict, Dame Victoria Sharpe said: “The court considered that the proscription of Palestine Action was disproportionate.
“The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription.”
However, the judge ruled the group will remain proscribed for now to give the government the opportunity to consider an appeal.
Responding to the decision, Ammori called it a “monumental victory” for “freedoms in Britain”.
"Palestine Action is 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,” she said.
And Home Secretary Shabana Mahmood said: “The court has acknowledged that Palestine Action has carried out acts of terrorism, celebrated those who have taken part in those acts and promoted the use of violence.
“It has also concluded that Palestine Action is not an ordinary protest or civil disobedience group, and that its actions are not consistent with democratic values and the rule of law.”
A spokesperson for the Campaign Against Antisemitism said: ‘It is appalling that a court would be prepared to decriminalise an organisation whose sole purpose is to engage in criminal activity. It demonstrates that law and order has not only broken down in this country, but that the criminal justice system is not fit for purpose. Our system of justice seems incapable of holding people accountable so long as the crime is committed ‘for Palestine’.
"For the Jewish community, which has borne the brunt of much of Palestine Action's criminality, this is another sign that the legal system is simply not on their side and has neither the ability nor, it increasingly seems, the willingness, to protect them.
"We had always preferred for the Government to introduce legislation to proscribe Palestine Action as a criminal enterprise, given its sole purpose is to engage in criminal activity. Proscription as a terrorist organisation was always a last resort because of inaction by police forces and two successive governments.
"The Government must now take action to ensure that, one way or another, Palestine Action remains banned. This is one of the only steps that the Government has taken to address the highest levels of antisemitism in living memory. If it fails on this, there is practically nothing else left to show.”
To get more news, click here to sign up for our free daily newsletter.