Palestine Action and the trouble with defining terrorism

The issues with proscribing the group ‘became apparent as soon as the police began putting it into practice’

A demonstrator with a megaphone at a protest outside the High Court in support of Palestine Action
High Court verdict is a ‘humiliation’ for Keir Starmer’s government
(Image credit: Ben Montgomery / Getty Images)

The “dangerous fanatics” of Palestine Action have been given a “free pass” to continue promoting hatred and committing acts of violent disorder, said The Sun. Last Friday, the High Court ruled that the government’s decision to proscribe the group as a terrorist organisation had been unlawful.

Palestine Action had, the three judges accepted, carried out some acts of terrorism, said Alistair Gray in the Financial Times. But they ruled that the challenge to the ban – which was put in place last July, after activists broke into RAF Brize Norton and damaged two planes – was successful on two main legal grounds. The first was that the decision to outlaw the group amounted to “unjustified interference” with the right to freedom of expression and peaceful assembly. The second was that the decision, taken by then-home secretary Yvette Cooper, was “disproportionate”, because Palestine Action’s activities had not yet reached “the level, scale and persistence” to fall within the legal definition of terrorism.

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