UK appeals court upholds Palestine Action ban in Home Office legal win
A renewed court ruling strengthens the UK government's use of anti-terror powers against Palestine Action after an earlier judgment had found the ban unlawful. The decision comes amid wider scrutiny of protest rights and follows recent convictions linked to damage at an Elbit Systems factory in Gloucestershire.
Highlights
- The UK Court of Appeal rules the Home Office's proscription of Palestine Action as a terrorist organisation is lawful, overturning the February High Court decision.
- Judges state Palestine Action's activities involve significant property damage to Elbit Systems and other UK businesses, supporting the government's case for the ban.
- Four Palestine Action activists are sentenced as terrorists for a 2024 break-in causing £1.2mn damage at Elbit Systems, reinforcing implications for protest-related prosecutions.
Court ruling reverses earlier High Court decision
As reported by Financial Times, the Home Office wins its appeal against a February High Court ruling that had found the proscription of Palestine Action as a terrorist organisation to be disproportionate. The Court of Appeal rules on Monday that the ban is lawful, handing the government a significant legal victory.In their judgment, the judges say Palestine Action is not a non-violent direct action protest group as it claims. They add that the group's whole premise is to cause damage to property belonging to Elbit Systems and other companies trading lawfully in the UK, and say the organisation has not suggested its terrorist activities were a mistake or an aberration.
The judgment is handed down at the Royal Courts of Justice in London by Lady Chief Justice Sue Carr, Master of the Rolls Geoffrey Vos, Lord Justice Andrew Edis, Lord Justice Clive Lewis and Lady Justice Philippa Whipple.
Implications for protest law and related prosecutions
The ruling follows the sentencing on Friday of four Palestine Action activists as terrorists over a 2024 break-in at an Elbit Systems factory in Gloucestershire. Three defendants are found guilty of criminal damage, while a fourth is also found guilty of grievous bodily harm without intent.The four are estimated to have caused £1.2mn of damage to the factory owned by the Israel-based defence company. The earlier High Court decision had threatened to disrupt hundreds of criminal prosecutions after judges said in February that the nature and scale of Palestine Action's activities had not reached the level, scale and persistence needed to justify proscription.
Government efforts to restrict Palestine Action continue to fuel debate over the right to protest in the UK. The Home Office moved to ban the group under anti-terror powers in summer last year after members allegedly caused damage to RAF Brize Norton, the UK's largest military air base.
In our earlier report on Keir Starmer’s proposed under-16 social media restrictions and the planned extension of voting rights to 16-year-olds, we highlighted the growing policy tension between widening democratic participation and limiting access to the online spaces where political debate and campaigning now happen. We also noted that critics saw the contradiction as part of a wider coherence problem for the government, potentially adding to political pressure on Starmer amid other contentious domestic and security-related commitments.
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