High Court Judges Rule Palestine Action Ban Disproportionate and Unlawful
In a landmark ruling on Friday, three senior judges at the High Court declared the government's ban on Palestine Action to be unlawful, disproportionate, and constituting a very serious interference with the rights to protest and free speech. The co-founder of the group, Huda Ammori, immediately called for the proscription to be suspended, stating that the ban has "massively backfired" on the authorities.
Legal Battle Over Proscription Order Continues
Despite the ruling, the proscription order remains in place temporarily as lawyers for Home Secretary Shabana Mahmood prepare arguments on why it should not be lifted. This leaves the fate of more than 2,500 individuals in limbo, many of whom have been charged under section 13 of the Terrorism Act for participating in protests defying the ban. Ammori confirmed that her legal team will vigorously resist Mahmood's attempts to retain the ban while the government seeks to appeal the judgment.
Ammori emphasised the urgency of the situation, saying: "Considering the thousands of people who are going through the criminal justice system are being prosecuted for holding up signs saying: 'I oppose genocide, I support Palestine Action' and the chaos that's created, it's ridiculous to even try and maintain an unlawful ban."
Significance of the Victory on Free Speech Grounds
The judges acknowledged that Palestine Action promotes its political cause through criminality but found that most activities could be addressed by criminal law rather than terrorism legislation. This distinction was crucial, as proscribing the group could not be justified given the severe interference with protected rights. Ammori highlighted that winning on the free speech and protest rights ground—one of two successful arguments—was particularly important. A victory solely on procedural grounds might have allowed the government to reimpose the ban after consultation.
Ammori expressed her relief and determination: "This is a huge, huge step forward, and we're closer than ever to getting the ban lifted. So even though it didn't happen immediately, I have faith that it's going to happen quite soon. The ban has been proven unlawful from its inception so the fact that we haven't been de-proscribed immediately—we can wait a little bit longer."
Personal Toll and Broader Impact of the Ban
Ammori revealed the personal toll of being labelled a terrorist, describing how it made her feel sick to her stomach. With her Palestinian and Iraqi background, she noted this was not the first time she faced such slurs, but the experience was deeply distressing. She believes the government's attempt to destroy Palestine Action through proscription has instead amplified its message and support.
She reflected on the campaign's impact: "It's just been incredible, it's been so inspiring and moving to see how many people have been inspired to resist this ban, to defy it. When I first heard about the proscription going through, it's just like a ton of bricks, and then when you see the amount of solidarity and support—it's incredibly uplifting."
Government Response and Future Implications
Home Secretary Shabana Mahmood announced the government's intention to appeal the ruling, asserting that the proscription followed a rigorous, evidence-based process endorsed by Parliament. However, the judges' decision underscores significant concerns about the balance between national security and civil liberties. The case has delayed numerous prosecutions and sparked widespread debate on protest rights in the UK.
Ammori concluded that the ban has inadvertently strengthened Palestine Action, making it a household name and increasing support for direct action. She argued that the unlawful arrests and proscription represent a major attack on people's rights, one that has ultimately backfired on the authorities. The outcome of the appeal and the potential lifting of the ban will be closely watched by activists, legal experts, and policymakers alike.
