The Court of Appeal has ruled that the Government acted lawfully in banning Palestine Action as a terrorist organisation, reversing an earlier High Court decision that found the proscription was unlawful.
In a significant judgment handed down on Monday, five of the UK’s most senior judges concluded that the ban was both “justified and proportionate”, finding that ministers were entitled to take national security concerns into account when deciding to outlaw the group.
The ruling overturns a High Court judgment delivered in February, which found that the then Home Secretary had acted unlawfully by imposing a ban that disproportionately interfered with rights to freedom of expression and peaceful assembly.
Delivering the Court of Appeal’s decision, Lady Chief Justice Baroness Carr said it was wrong to characterise Palestine Action as a traditional civil disobedience movement. While acknowledging that the group’s proscription remains highly controversial and enjoys support from many otherwise law-abiding citizens, she said the organisation openly promotes unlawful violence that amounts to terrorism.
Baroness Carr described Palestine Action as a covert organisation that operates through secretive cells designed to evade detection and prosecution, adding that the group had neither condemned nor distanced itself from several incidents relied upon by ministers when making the decision to proscribe it.
The court found that the Home Secretary had been entitled to conclude that Palestine Action posed a threat to national security, particularly through its targeting of businesses and defence contractors involved in Britain’s defence sector and support for Ukraine. Judges also emphasised that ministers are generally better placed than courts to assess complex national security risks and should be afforded a broad margin of discretion in such matters.
The proscription, which came into force last year, makes it a criminal offence to belong to or support Palestine Action, carrying a maximum sentence of 14 years in prison.
Following the ruling, Palestine Action co-founder Huda Ammori said the organisation intends to seek permission to appeal to the Supreme Court. She said the group was surprised by the judgment and described the ban as one of the most serious attacks on free speech and protest rights in modern British history.
However, it remains unclear whether the Supreme Court will agree to hear the case.
The decision was welcomed by Home Secretary Shabana Mahmood, who said the ruling does not affect lawful protest in support of the Palestinian cause. She argued that Palestine Action’s activities are incompatible with democratic values and the rule of law, stating that the group had carried out acts of terrorism, celebrated those responsible and promoted the use of violence.
Following the judgment, supporters of Palestine Action gathered outside the Royal Courts of Justice in London. The Metropolitan Police said 58 people were arrested on suspicion of supporting a proscribed organisation.
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