Palestine Action has won a High Court challenge against the Home Office over the ban of the organisation as a terror group.
In a landmark ruling on Friday, the court said the controversial decision to proscribe the group under the Terrorism Act 2000 was unlawful. The ban came into force last summer, making it a criminal offence to support Palestine Action – punishable by up to 14 years in prison.
As news broke of the ruling around a hundred people gathered outside the High Court building in central London cheered and chanted “Free Palestine”. Palestine Action will, however, remain banned as a terror group to allow further arguments and the Government time to consider an appeal, judge Dame Victoria Sharp has said.
In a summary of the High Court’s decision, Dame Victoria said the court had considered ex-Home Secretary Yvette Cooper’s proscription of the group “disproportionate”. She added: “A very small number of Palestine Action’s activities amounted to acts of terrorism within the definition of section 1 of the 2000 Act.
“For these, and for Palestine Action’s other criminal activities, the general criminal law remains available. The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription.”
Responding to the court’s ruling, the Home Secretary Shabana Mahmood said on Friday she was “disappointed” by the court’s ruling – and made clear the government will appeal. In a statement the Cabinet minister said: “The Court has acknowledged that Palestine Action has carried out acts of terrorism, celebrated those who have taken part in those acts and promoted the use of violence.
“It has also concluded that Palestine Action is not an ordinary protest or civil disobedience group, and that its actions are not consistent with democratic values and the rule of law. For those reasons, I am disappointed by the Court’s decision and disagree with the notion that banning this terrorist organisation is disproportionate.
“The proscription of Palestine Action followed a rigorous and evidence-based decision-making process, endorsed by Parliament. The proscription does not prevent peaceful protest in support of the Palestinian cause, another point on which the Court agrees.
“As a former Lord Chancellor, I have the deepest respect for our judiciary. Home Secretaries must however retain the ability to take action to protect our national security and keep the public safe. I intend to fight this judgment in the Court of Appeal.”