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A British government ban on Palestine Action under anti-terror laws was unlawful, London judges ruled, throwing hundreds of prosecutions against supporters of the group into doubt.
The High Court moved to quash the UK ban on Friday, declaring it "disproportionate," in an embarrassing reversal for Prime Minister Keir Starmer's government. The judges declared that Palestine Action would remain proscribed as a terrorist organization "until further order of the court," giving the government time to appeal.
The UK Home Office banned Palestine Action in July last year in a contentious move after the group said it had damaged two military aircraft. Supporters and human rights activists criticized the move for its overreach, saying it had a chilling impact on legitimate protests. After the ban was imposed more than 2,000 people were arrested, many for holding up signs, and hundreds charged.
Home Secretary, Shabana Mahmood, said that she intends to appeal the ruling, adding that she disagrees "with the notion that banning this terrorist organization is disproportionate."
"Home Secretaries must however retain the ability to take action to protect our national security and keep the public safe," she said.
The terrorist designation, which placed Palestine Action in the same category as groups like like al-Qaeda, highlights growing tensions in the UK over the conflict in Gaza, which has been particularly problematic for the Labour government. The government had argued that the terror ban didn't prevent peaceful protest in support of the Palestinian cause.
Starmer has been torn between defending Israel, a longstanding ally, while also speaking out for Palestinian citizens under fire. But the balancing act has provoked further opposition from the left of his party, who said that using anti-terror powers prevented legitimate criticism of Israeli military actions in Gaza.
The legal challenge was brought by one of the founders of Palestine Action. The judges said that the nature and scale of Palestine Action's activities had not yet reached the "level, scale and persistence" that would justify the full measures that come with proscription as a terrorist organization.
"Taken in the round, these comprise a very significant interference with the right to free speech," the judges said in their ruling.
"A very small number of Palestine Action's activities amounted to acts of terrorism," the judges said. "For these, and for Palestine Action's other criminal activities, the general criminal law remains available."
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