The High Court has ruled that the UK Government’s decision to proscribe Palestine Action under terrorism legislation was unlawful, although the ban will remain in force pending a further hearing later this month.
Members of Parliament voted in July to add Palestine Action to the list of proscribed organisations under the Terrorism Act 2000, following a series of high profile incidents, in which the group acted in protest against the United Kingdom’s alleged complicity in the Israeli attack against Palestine. These actions included damage to an aircraft at RAF Brize Norton and actions targeting the UK operations of Elbit Systems, Israel’s largest private arms manufacturer. The Government characterised the group’s conduct as organised political violence causing significant damage to defence infrastructure.
Under the proscription regime, membership of or support for a listed organisation constitutes a criminal offence punishable by up to 14 years’ imprisonment. Thousands of arrests have reportedly been made since the ban was approved by Parliament.
In its judgment, a three judge Divisional Court concluded that although Palestine Action had engaged in criminal conduct in pursuit of its aims, the statutory threshold for proscription as a terrorist organisation had not been met. The Court held that the decision to ban the group was unlawful. However, it directed that the proscription remain in effect until a further hearing scheduled for later in February, in order to allow for the possibility of an appeal. The UK Government has confirmed its intention to appeal.
Civil liberties advocates welcomed the decision. Representatives of Palestine Action described the ruling as a significant vindication of freedom of expression and protest rights.
Read the full judgment here.