British justice considers the ban on the Palestine Action group "illegal"

LondonA bittersweet blow and a bitter pill to swallow in the legal setback the British government received this Friday. The High Court of Justice of England and Wales ruled that the ban on the group Palestine Action as a "terrorist organization" is "illegal." The three judges on the panel reached their decision unanimously. And while they acknowledged that the organization had used "criminal methods," they determined that these had not crossed the "extremely high threshold" that defines terrorism, thus dismantling the Home Office's punitive strategy.

Expectations were high outside the court in central London shortly before the ruling was announced. Activists celebrated the news with hugs and shouts of support, as the decision considers that the government had overstepped its bounds in using anti-terrorism legislation, applying a "disproportionate" measure against a group founded to protest. against the Gaza genocideThe judges have stated that banning the group has a "chilling effect" on the right to protest of the rest of the citizenry, as many people might self-isolate and stop demonstrating about the situation in Palestine for fear of being associated with a banned organization. This, they say, constitutes a "violation of the right to freedom of expression and assembly." Despite the significance of the verdict, however, the activists' celebration is, for the moment, bittersweet. The High Court has ruled that the ban on Palestine Action will remain in effect until the 20th. A new hearing will then determine the next steps and assess the appeal that the executive branch has already confirmed it will file with the Court of Appeal. However, two days prior, the prosecution must decide whether to proceed with the new trials against members of the group who stormed arms factories as a form of protest against the situation in Gaza. This will be a key moment to see how ordinary criminal law is applied after Friday's verdict. Depending on the hearing on February 20, the matter will most likely end up in the Supreme Court.

Disobedience and disruption

Palestine Action co-founder Huda Ammori described the ruling as "a monumental victory for fundamental freedoms in the UK and for the Palestinian people's struggle for freedom." However, the ruling does not place Palestine Action within the tradition of civil liberties groups, as its actions are not considered "disobedience." The mere "disruption" they carry out is insufficient to qualify them as terrorists. In fact, the key to the ruling lies in the legal definition of terrorism. For advocates of free speech, the crucial distinction is the safeguarding of democracy: if any act of civil disobedience or political vandalism could be categorized as terrorism, the state would have free rein to imprison any dissident with sentences of up to 14 years. The court reminded the government that ordinary criminal law is already sufficient to prosecute property damage offenses, without the need to suspend fundamental rights.

Home Secretary Shabana Mahmood's response was swift. In a strongly worded statement, Mahmood expressed her "disappointment" and reaffirmed that the organization "celebrates violence" and acts "inconsistently with democratic values." "I disagree with the court's notion that banning the organization is disproportionate," the minister stated, insisting that the banning process was "rigorous and endorsed by Parliament."

Yvette Cooper, the then Home Secretary and now Foreign Secretary, banned the group after a group of activists sprayed two Voyager aircraft with red paint at RAF Brize Norton on June 20 of last year. Another of the militants' most significant actions took place in November 2024 when they damaged equipment belonging to the British subsidiary of the Israeli arms group Elbit Systems in Filton, near Bristol. The alleged perpetrators remain in jail, awaiting trial. The last few months Six of the defendants have staged hunger strikeswhich in some cases exceed seventy days.

The fact that the ban on Palestine Action is still in place means that, technically, at least for the moment, any show of support for the group—such as those seen this Friday outside the courthouse—could still be grounds for arrest under anti-terrorism legislation. In fact, to date, under anti-terrorism legislation, more than a thousand people have been arrested for supporting or demonstrating with banners supporting Palestine Action.