The home secretary has received clearance to appeal a high court decision that deemed the prohibition of Palestine Action under terrorism legislation unjustifiable. The ban remains active during the appeal process. On Wednesday, the court authorized Shabana Mahmood to proceed with her challenge in the court of appeal, preserving the existing restrictions on the organization.
In mid-February, three senior judges concluded that the ban was disproportionate and unlawful on two of four grounds. Dame Victoria Sharp, Mrs Justice Steyn, and Mr Justice Swift determined that the activist group’s operations had not consistently demonstrated the scale and nature required to meet terrorism definitions. The organization targets entities it views as supporting Israel’s military efforts.
Mahmood immediately signaled her disagreement with the judgment, stating she opposed the court’s assessment that the prohibition constituted an excessive measure. She moved swiftly to lodge an appeal against the ruling. The court rejected a counter-appeal from the successful challenger, Huda Ammori, preventing the Palestine Action co-founder from raising rejected arguments in any subsequent proceedings.
While the quashing of the proscription order was prepared, its implementation has been suspended pending the appeal’s resolution. The ban’s continuation creates significant uncertainty for over 2,500 individuals arrested since the organization was prohibited. More than 500 of these people have faced charges under terrorism legislation, primarily for displaying statements like “I oppose genocide, I support Palestine Action,” which carries penalties up to six months imprisonment.
Court proceedings for those charged remain delayed. England and Wales’s chief magistrate announced that prosecutions would not advance until the appeal concludes. All defendants have entered not guilty pleas, though no trials have occurred. Metropolitan police indicated they would cease immediate arrests but continue gathering evidence for potential future legal action against supporters.
The judges found that the ban violated freedom of speech and assembly rights substantially. They also concluded it breached the home secretary’s established proscription guidelines. The appeal process lacks a scheduled date, leaving the legal status of Palestine Action in prolonged limbo.
