By Fatma Younis
The UK Supreme Court began hearing a major legal challenge on Wednesday against the government's proscription of Palestine Action, with lawyers arguing the ban has triggered a "crisis in confidence" in anti-terrorism laws and unprecedented civil disobedience from law-abiding protesters.
Legal arguments focus on proportionality
Representing co-founder Huda Ammori, Henry Blaxland KC told the five justices that proscription had "poured fuel on to a fire" of one of the most publicly contested issues of the time, rather than depriving the group of publicity. He argued the move was disproportionate and unnecessary. Raza Husain KC added that the Home Secretary's own experts confirmed the vast majority of Palestine Action's direct action — including graffiti, petty vandalism, occupation, and lock-ons — would not constitute terrorism, with only three of 385 incidents assessed as falling within the Terrorism Act's outer limits.
Mass arrests and pending trials
Metropolitan Police said 27 protesters were arrested outside the court during the hearing. Home Office figures seen by the BBC indicate more than 4,000 arrests at protests where people displayed signs supporting the group since its proscription last year, with 1,200 charges authorised by prosecutors. Those trials remain in limbo pending the case outcome. Lawyers noted thousands of elderly people and veterans of other causes have been arrested for holding supportive signs.
Opposing submissions from Jewish groups
A coalition of Jewish groups submitted that Palestine Action is a "sinister" organisation with an escalating trajectory of seriousness. Adam Wagner KC, representing the groups, said the Court of Appeal rightly concluded it is a violent organisation concerned in terrorism with a wide range of targets. He argued its "crosshairs" had expanded from targeting defence firm Elbit to "figures or institutions deemed by PA to be 'Zionist'," which in practice threatens the mainstream Jewish community. The case continues Thursday with judgment expected later.
