4 days ago
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The proscription of Palestine Action is a repugnant, unprecedented and disproportionate interference with the right to protest, the high court has heard.
On the first day of a legal challenge to the ban brought by co-founder Huda Ammori, her lawyer said the group had been engaged in an “honourable tradition” of direct action and civil disobedience prior to proscription.
Raza Husain KC told the court in London on Wednesday: “There are reasons of profound importance as to why, in the 32 executive orders that have been made adding organisations to proscribed lists, no direct action civil disobedience organisation appears.
“Such proscription is repugnant to the tradition of the common law and contrary to the European convention on human rights.”
Husain said the home secretary, Shabana Mahmood, had alleged that some of Palestine Action’s activities crossed the threshold for terrorism but that these were few in number and were disputed.
In written submissions, he highlighted a September 2024 report from the National Police Coordination Centre that came after alleged terrorism incidents. The report concluded that Palestine Action was “a risk to UK businesses and legitimate enterprises nationwide” and engaged as a whole in “non-violent direct action”.
Another report from the centre in December last year said incidents in which violence had been used were “not the norm for PA (Palestine Action) action, and any harm or injuries historically are assessed to be the result of unintentional or misjudged action through trying to evade capture”.
Husain told the court: “The decision to proscribe PA is an unprecedented and disproportionate interference with articles 9, 10 and 11 [freedom of thought, expression and protest].
“D [the defendant] has imposed extreme measures on a protest group (which enjoyed widespread popularity among the British public) seeking to expose, protest and prevent serious violations of international law by Israel, and the complicity of the UK government and companies in the UK therewith, including by seeking to obstruct the continuing supply of weapons and components to Israel.
“D has deployed this most repressive of regimes against PA, notwithstanding that, on her own evidence, only four out of hundreds of its actions are even capable of meeting the definition of serious property damage.”
The case is likely to determine whether more than 2,000 people arrested for alleged support of Palestine Action – mostly for holding placards stating: “I oppose genocide, I support Palestine Action” – will face criminal trial. At least five people holding such signs were taken away by officers outside the court on Wednesday.
Sir James Eadie KC, representing the home secretary, said in written submissions that proscription had had the intended effect of “disrupting PA’s pattern of escalatory conduct” and had “not prevented people from protesting in favour of the Palestinian people or against Israel’s actions in Gaza”.
He added: “Even if the proscription of PA did interfere with individuals’ article 9, 10 and 11 rights, the proscription of PA was and remains proportionate.”
Eadie said some of the group’s actions fell within the statutory definition of terrorism, adding: “It is no answer to assert that other action by PA may have been lawful; or that some of its members or supporters were not involved in any such action. PA engaged in terrorism, as the SSHD [secretary of state for the home department] was advised and concluded.
“The objective of proscription was to deal with the organisation on that basis; and to do so in precisely the manner authorised by parliament.”
The hearing is expected to conclude next week, with judgment on whether to quash the proscription order coming at a later date.
On Tuesday, one of six prisoners affiliated to Palestine Action who are on hunger strike demanding, among other things, the lifting of the ban, was taken to hospital.
Kamran Ahmed, who has been held at HMP Pentonville, in London for over a year, and is due to stand trial next year, joined the rolling hunger strike on 10 November. Prisoners for Palestine said he had lost 6kg (13lbs) and had been suffering from dizziness, breathing difficulties and chest pains, as well as low blood sugar and dangerously high ketone levels.
His sister, Shamina Amal, said: “I am disgusted that the government has chosen to ignore the hunger strikers with no care or consideration to their sanctity of their health and lives.”
More than 100 medical doctors have signed a letter to NHS England’s health and justice team urging it to intervene on the prisoners’ behalf.
