PA proscribed as appeal fails

Group is banned as a terrorist organisation from midnight after judges refuse request to stay Starmer regime’s proscription order – and leave to appeal

Home Secretary Yvette Cooper’s proscription of Palestine Action (PA) comes into effect at midnight tonight after the government forced through a vote to classify the group as a ‘terrorist’ organisation this week, which it says will lead to a “dystopian nightmare” where thousands of its supporters against Israel’s genocide in Gaza will be “criminalised overnight” – a move that United Nations Special Rapporteurs and experts have condemned as a misuse of legislation to inhibit free speech on Israel’s crimes.

At a hearing today, judge Justice Chamberlain did not grant interim relief blocking the proscription order pending judicial review. Lawyers acting for PA co-founder Huda Ammori are urgently seeking leave to appeal Chamberlain’s decision and effectively suspend the proscription pending the ongoing legal challenge. The next hearing on the request for permission for a judicial review will take place in the week commencing 21 July – in the interim, and beyond if the bid fails, any expression of support for the group could be prosecuted, with potential penalties of up to fourteen years’ imprisonment.

Ammori’s lawyers argued that proscription coming into force tonight would cause “serious harm and irremediable prejudice” to the her, to Palestine Action, to its supporters and to many members of the general public. UN Special Rapporteur on counter-terrorism and human rights Ben Saul has asked to formally intervene in the judicial review.

Saul and three other UN Special Rapporteurs and a UN independent expert wrote to the UK Government this week urging it not to misuse terrorism laws against Palestine Action. The experts stated that “mere property damage, without endangering life, is not sufficiently serious to qualify as terrorism”, that “legitimate activities by innocent members of the group” would be criminalised” and that “individuals could be prosecuted for peacefully exercising their rights to freedom of expression and opinion, assembly, association and participation in political life”. They concluded that “this would have a chilling effect on political protest and advocacy generally in relation to defending human rights in Palestine.”

Supporting witness statements were submitted, as part of the application for judicial review, by human rights experts from Amnesty International, Liberty and the European Legal Support Centre on concerns about the unlawful misuse of anti-terror measures to criminalise dissent and the impact of any proscription on fundamental rights to freedom of speech and expression and rights to protest. Further witness statements were submitted today in support of the Ammori’s request for interim relief, including from the award winning author Sally Rooney.

Ammori’s case was presented in court by Blinne Ní Ghrálaigh KC, who represented South Africa in the International Court of Justice in its genocide case against Israel, and by Raza Husain KC, both of Matrix Chambers.

Outlining the atrocities committed by Israel and the use of arms manufactured in Britain, Ní Ghrálaigh drew comparisons between Palestine Action’s tactics and those used by the Suffragettes and by anti-apartheid activists, saying it is “notable” that the proscription of Palestine Action has coincided with the 97th anniversary yesterday of the Equal Franchise Act, which came about because of methods used by the Suffragettes, including property damage.

During the hearing at the Royal Courts of Justice in London today, Ms Ní Ghrálaigh cited evidence from human rights organisations Amnesty International, Liberty and experts who specialise in defending protesters facing prosecution, stating that they do not know how they can advise Palestine Action members and people who express support for Palestine Action, and that potentially thousands of people would be at risk of arrest tomorrow if proscription came into effect tonight.

She also spoke of the breadth of people who express support for Palestine Action, who would face “irreparable harm” if the proscription order comes into effect overnight, and referenced Sally Rooney’s witness statement in the proceedings, saying Ms Rooney will continue to voice her support for Palestine Action from Ireland, where she is resident, and is concerned about her ability to travel freely around the island of Ireland or to Great Britain.

Mr Justice Chamberlain questioned whether, if the proscription came into effect at midnight, lawyers acting for Ammori would be able to continue to represent her given that Palestine Action, the group she co-founded, would be banned as a terrorist group.

Chamberlain said of his decision:

I have concluded that the harm which would ensue if interim relief is refused but the claim later succeeds is insufficient to outweigh the strong public interest in maintaining the order in force.

Huda Ammori issued this statement on the court’s decision:

We are seeking an urgent appeal to try to prevent a dystopian nightmare of the Government’s making which would see thousands of people across Britain wake up tomorrow to find they had been criminalised overnight for supporting a domestic protest group which sprays red paint on warplanes and disrupts Israel’s largest weapons manufacturer to disrupt the flow of arms to Israel’s genocidal war machine. We will not stop fighting to defend fundamental rights to free speech and protest in our country and to stand up for the rights of the Palestinian people.

The Home Secretary is rushing through the implementation of the proscription at midnight tonight despite the fact that our legal challenge is ongoing and that she has been completely unclear about how it will be enforced, leaving the public in the dark about their rights to free speech and expression after midnight tonight when this proscription comes into effect.

Hundreds of thousands of people across the country have expressed support for Palestine Action by joining our mailing list, following and sharing our social media content and signing petitions, and many, including iconic figures like Sally Rooney, say they will continue to declare ‘we are all Palestine Action’ and speak out against this preposterous proscription, demonstrating how utterly unworkable it will be. As Justice Chamberlain acknowledged in court today, it is unclear what expressions of support could lead to arrest and potential prosecution with sentences of up to 14 years in prison.

We would only have only a few hours to disband our entire organisation and dismantle all of our infrastructure, including closing bank accounts and deleting our mailing list and social media platforms. This is despite the fact that we have not had the opportunity to defend our fundamental rights in court and challenge this unlawful, authoritarian and utterly absurd proscription. If we ultimately succeed in overturning the proscription, we would have to start from scratch, having lost everything we have painstakingly built over five years. As United Nations Special Rapporteurs and experts have told the Government, property damage is not terrorism, and this proscription would even criminalise “innocent members” and supporters for peacefully exercising their rights to freedom of expression and assembly. The “chilling” effect on political protest and advocacy the United Nations experts warn of would be happening at a time when Israel’s genocide is being live-streamed before our eyes – how many more thousands of children would die while we are unable to take action against this Israel’s war crimes and our Government’s complicity? We will not stop fighting to defend fundamental rights to free speech and protest in our country and to stand up for the rights of the Palestinian people.

However, at 10.25pm this evening, only an hour and a half before the ban was due to take effect – three appeal court judges refused permission. The ban comes into force until at least the judicial review, if one is granted at the 21 July hearing.

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