The cofounder of a pro-Palestinian campaign group has won her bid to bring a legal challenge against the British government’s decision to ban the group under “antiterrorism” laws.
London’s High Court on Wednesday ruled that the ban could be considered to be an impingement of freedom of expression and the group should have been consulted before it went into effect.
Palestine Action has increasingly targeted Israel-linked companies in the United Kingdom, often spraying red paint, blocking entrances or damaging equipment. It accuses the UK’s government of complicity in what it says are Israeli war crimes in Gaza.
After the group broke into a military airbase in June and damaged two planes, the UK’s government proscribed Palestine Action under the Terrorism Act 2000. Proscription makes it a crime to be a member of the group, an offence that carries a maximum sentence of 14 years in prison.
Judge Martin Chamberlain granted permission for Huda Ammori, who helped found Palestine Action in 2020, to bring a judicial review, saying proscription amounted to a disproportionate interference with her and others’ right to freedom of expression was “reasonably arguable”.
Dozens of people have been arrested for holding placards purportedly supporting the group since the ban, and Ammori’s lawyers said people expressing support for the Palestinian cause have also been subject to increased scrutiny from police.
Following the ruling, Ammori said the decision “demonstrates the significance of this case for freedoms of speech, expression and assembly and rights to natural justice in our country and the rule of law itself.
“Our fundamental freedoms as citizens of this country are at stake – not just for those of us who have been directly affected and gagged by the ban, but by … making people fearful to speak out against Israel as it commits genocide and starves the Palestinian people to death.”
Laura O’Brien, head of the protest team at Hodge Jones and Allen Solicitors, told Al Jazeera that the ban had led to the arrest of people “arousing reasonable suspicion of being a member or supporter” of the group, meaning that people “without any intent, without any involvement in causing damage or violence” were being arrested.
“Simply holding a placard has led to people being arrested, that’s what proscription is about.”
Recently, the United Nations human rights chief, Volker Turk, raised concerns over the ban, calling it a “disturbing misuse” of “counterterrorism” laws that risks undermining fundamental freedoms.
Israel has repeatedly denied committing abuses in its war in Gaza, which has so far killed more than 60,000 people. Along with bombardment and mass displacement, Palestinians in Gaza are facing extreme hunger and malnutrition as they endure a crippling aid blockade despite widespread calls by the international community and rights groups to open crossings into the enclave.
