The Court of Appeal has ruled that the decision to ban Palestine Action as a terror group was lawful, overturning a previous High Court ruling that had deemed the proscription unlawful. Five appeal judges delivered their decision on Monday, stating that the ban was a "justified and proportionate" interference with freedom of expression rights.
Background of the Case
In February, three High Court judges ruled that then-Home Secretary Yvette Cooper's decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful. This followed a legal challenge by the group's co-founder, Huda Ammori. The ban, effective from July 5 last year, made membership or support for the direct action group a criminal offence punishable by up to 14 years in prison. The ban remained in force while the Home Office appealed.
Court of Appeal Decision
Lady Chief Justice Baroness Carr, sitting with four other judges, said the High Court had "materially understated the position" regarding the Home Secretary's latitude in making proscription decisions. She rejected comparisons to groups like the suffragettes, calling them "seriously flawed." The court acknowledged a "chilling effect" on some individuals but concluded that Palestine Action overtly promotes unlawful violence amounting to terrorism.
Baroness Carr stated: "It is not – as claimed – a direct action civil disobedience protest group like the suffragettes, operating transparently in the open. It is a covert organisation which operates with secret cells to avoid detection and prosecution."
Reactions and Next Steps
Following the ruling, Ms. Ammori announced her intention to take the case to the UK Supreme Court and, if necessary, the European Court of Human Rights. She described the ban as "one of the most extreme attacks on free speech and the right to protest in modern British history." The Home Office has indicated it will "robustly defend" any Supreme Court challenge.
Home Secretary Shabana Mahmood welcomed the judgment, stating: "The court has found 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 is not an ordinary protest or civil disobedience group." She emphasized that the decision does not affect lawful protest in support of the Palestinian cause.
Related Incidents
Protesters demonstrated outside the Royal Courts of Justice after the ruling, with the Metropolitan Police making arrests. The Court of Appeal's decision comes after four Palestine Action activists were jailed for a raid on an Elbit Systems UK factory, which the judge ruled as an act of terrorism. The activists received prison sentences ranging from four years and eight months to seven years and eight months.
