UK Supreme Court hears appeal against Palestine Action’s proscription

An appeal challenging the designation of Palestine Action as a “terrorist” organisation has begun at the United Kingdom’s top court, as police arrested demonstrators who gathered outside to protest against the group’s proscription.

The two-day hearing at the Supreme Court in London began on Wednesday. Huda Ammori, cofounder of Palestine Action, said ahead of the hearing that she would argue the ban is having a disproportionate effect on freedom of speech and the right to protest.

The direct action group was proscribed by the UK government under then-Prime Minister Keir Starmer in July last year. The decision has since been denounced by rights groups, including Amnesty International and Liberty.

Palestine Action describes itself as a “direct action movement committed to ending global participation in Israel’s genocidal and apartheid regime”. Its designation as a “terrorist” organisation puts it on the same list as armed groups such as al-Qaeda and ISIL (ISIS). Those found guilty of belonging to or supporting Palestine Action could face up to 14 years in prison.

As the hearing got under way, protesters gathered outside the court. Some expressed support for Palestine Action, while others opposed the group’s proscription, which many view as an affront to civil liberties. One demonstrator held a placard reading: “God help us Jews who support Palestine and Palestine Action”.

About 25 protesters were arrested, according to the Press Association; the final person detained carried a sign saying: “God help us who are not married to the UK’s national security adviser who support Palestine and Palestine action.”

It’s understood that this is in reference to journalist and author Sarah Helm, who is married to the UK prime minister’s national security adviser, and who had earlier posted a similar line on X but did not face prosecution.

‘Dangerous and disproportionate’

In a statement issued after the first day of the hearing, Ammori said that “overwhelming evidence” given to the court by United Nations experts, Amnesty International, Liberty and the former director of MI6 showed that the “dangerous and disproportionate proscription” had criminalised legitimate protest as “terrorism” for the “first time in British history”.

She said the government’s submissions were “particularly lacklustre”.

Ammori said the government was “clearly struggling with the consequences of this ban”.

Ammori said Palestine Action “has never advocated violence against any person”, and that it used tactics including “graffiti, petty vandalism, occupation and lock-ons”.

More than 4,000 people had been arrested for peacefully opposing Israel’s war on Gaza, she noted.

“This ban has made Britain an international aberration on free speech.” Ammori urged the justices “to bring this authoritarian overreach… to an end once and for all”.

‘Misuse of terrorism powers’

“Today was another demonstration of the chaos wrought by the Government’s grave misuse of terrorism powers to proscribe Palestine Action,” Tom Southerden, Amnesty International’s UK Law and Human Rights director, said in a statement issued after Wednesday’s arrests.

“The sight of musicians, politicians and celebrities being arrested for peacefully holding placards is a grim one. That they were arrested for using the same language that Sarah Helm didn’t face arrest for, shows how dangerously vague our terrorism laws are.”

Amnesty is one of several organisations calling for the UK government to lift the ban on Palestine Action.

“Whatever the Supreme Court ultimately decides, it’s long past time for the Government to admit they got this badly wrong, end the proscription of Palestine Action and put a stop to these appalling arrests,” Southerden said.

The UK government’s crackdown on pro-Palestine voices has come under intense scrutiny since Israel launched its genocidal war on Gaza more than three years ago.

Last week, Swedish academic Andreas Malm was prevented from entering the UK after the government said his presence was “not conducive to the public good”. Malm is a vocal supporter of Palestine and has spoken out against Israel’s assault on Gaza.

UK Prime Minister Andy Burnham said before taking office in July that the Labour Party had “got it wrong” on Gaza. However, his comments have come under renewed scrutiny after Malm was refused entry to the UK last week.