Palestine Action court case: UK decision makes it an 'international outlier'

Middle East Eye

7 days ago

The banning of protest group Palestine Action has made the UK government an 'international outlier' when it comes to political protest, lawyers representing one of its co-founders told the High Court in London on Monday.
The group uses direct action to oppose Israel's policies in Palestine and especially companies involved in the Israeli arms trade. It was proscribed by UK Home Secretary Yvette Cooper earlier this month. Palestine Action has denied any links to terrorism and described the government's move as politically motivated.
It means it is now a criminal offence to be a member of Palestine Action, or to 'invite or recklessly express support for the group'. Those found guilty can face up to 14 years in prison under the Terrorism Act of 2000. The designation puts Palestine Action on a par with al-Qaeda and Islamic State, among others. Ammori is seeking permission from the High Court for a judicial review of the government's decision.
Opening the one-day hearing, Ammori's barrister Raza Husein KC, said: 'The proscription... renders the UK an international outlier in comparison to its partners in Europe and other parts of the world.'
Blinne Ni Ghralaigh KC, also representing Ammori, argued that the proscription of Palestine Action has had 'real-time' effects on the British public.
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Using examples of arrests that have taken place since Palestine Action became a proscribed group, Ni Ghralaigh highlighted the case of Laura Murton, a woman who was threatened with a terrorism arrest in Canterbury by an armed officer for holding a sign that said 'Free Gaza".
Mr Justice Chamberlain, who was presiding over the hearing, responded to Ni Ghralaigh's example and said the police were misapplying the law when shutting down legal pro-Palestine protests using terrorism laws. 'This is obviously an officer who doesn't understand the law at all,' he said.
The court also heard that the Joint Terrorism Analysis Centre did not take into account the break-in at the RAF base at Brize Norton by members of Palestine Action - which ultimately led to the group being banned - when assessing whether to ban the organisation.
James Eadie KC, representing the UK government, argued against a judicial review, saying it was not the appropriate forum to review the proscription.
In written submissions, he said that Palestine Action and Ammori should rely on the Proscribed Organisation Appeal's Commission ( POAC) to oppose any proscription order, that parliament had 'made specific provision for challenging such decisions' and there was 'no good reason for going behind that process in the present case'.
A portion of the hearing was also closed to the public to allow for the government to present classified evidence to bolster its case.
Chamberlain said he would deliver a judgment next Wednesday, taking into account the secret evidence presented to him.
Earlier moves to overturn ban
Ammori's attempt to request a judicial review follows the High Court's rejection of calls to temporarily halt Cooper's ban on Palestine Action two weeks ago. Chamberlain, who presided over Monday's case, also heard the case on that occasion.
In that judgement, Chamberlain 'concluded that the harm which would ensue if interim relief is refused but the claim later succeeds is insufficient to outweigh the strong public interest in maintaining the order in force".
The Court of Appeal later upheld the court's decision, less than two hours before the order banning the group was due to take effect.
Lady Chief Justice, Baroness Carr, said: 'In conclusion, we have found no arguable error of law in the judgment nor have we found any arguable basis for a finding that his decision was not one that was open to him on the facts and the evidence. For these reasons we have concluded that there is no real prospect of a successful appeal and no other compelling reason why an appeal should be heard.'
More arrests at weekend
Over the weekend, police arrested more than 100 people at events related to Palestine Action, in the third week of protests since the group was banned. Demonstrations occurred in Bristol, Cornwall, Edinburgh, and London as part of a campaign organised by Defend Our Juries to protest the banning of Palestine Action.
In London, police arrested 55 demonstrators after protesters gathered next to a statue of Mahatma Gandhi. During Saturday's national demonstration for Palestine in central London, the police also put up signs reminding protesters that showing support for Palestine Action could lead them to be prosecuted under the Terrorism Act.
The ban came after Palestine Action activists broke into RAF Brize Norton in Oxfordshire last month, using electric scooters and spraying two RAF planes with red paint. Prime Minister Keir Starmer condemned the act as 'disgraceful', while the Ministry of Defence claimed the activists caused £7m in damage.
Following the parliamentary vote, Palestine Action criticised the Home Secretary for 'bundling our domestic civil disobedience protest group in with two violent neo-Nazi militias'.
Ten Labour MPs, including Liverpool MP Richard Burgon, voted against the government. Burgon warned that the ban risked 'criminalising thousands of volunteers and supporters.
United Nations special rapporteurs also said they had contacted the British government to tell it that 'acts of protest that damage property, but are not intended to kill or injure people, should not be treated as terrorism.'