Supreme Court Allows Appeal Against Proscription of Palestine Action

Supreme Court Decision and Background

The co-founder of Palestine Action, Huda Ammori, has secured permission from the UK Supreme Court to challenge the group’s proscription, bringing a legal battle that spans multiple courts. The direct action group was proscribed as a terrorist organisation in July last year but its co-founder has been fighting to have the ban overturned amid a mass civil disobedience campaign.

In February, the High Court ruled that the ban was disproportionate and unlawful, but this decision was later overturned by the Court of Appeal last month. On Thursday, the Supreme Court granted Ammori permission to appeal against the Court of Appeal’s decision, which means that more than 3,500 individuals arrested since the ban were imposed may now face legal uncertainty. The case will be heard in the final quarter of this year, pending further developments.

Implications for Proscription and Civil Disobedience

The Supreme Court’s decision allows Ammori to appeal against the Court of Appeal's ruling, potentially leading to a resolution that could redefine the boundaries of free speech and protest in the UK. The case is particularly significant because it touches on Article 10 and 11 of the European Convention on Human Rights, which protect freedom of speech and the right to peaceful assembly.

Ammori welcomed the Supreme Court’s decision, saying: “The proscription of Palestine Action has become a vehicle for a far broader crackdown on expressions of solidarity with the Palestinian people. This unprecedented attack on free speech and the right to protest in this country is already having a chilling effect at a time when speaking out about Israel's crimes could not be more urgent.” She appealed directly to the Supreme Court to hear the case after the Court of Appeal’s decision refused permission to appeal against its own decision within hours of the application. The Court of Appeal review was comprised of five judges, which is unusual as it normally consists of two or three.

The Supreme Court said that it was arguable that the ban represented a disproportionate interference with these fundamental human rights, indicating the complexity and significance of the legal challenge at hand. Ammori has pledged to challenge the ban, which has been widely condemned by civil liberties groups as well as UN experts and politicians from across the political spectrum.

Protests and Arrests

Ammori's appeal bid coincided with protests outside Westminster Magistrates' Court in central London. Dozens were arrested during a demonstration on Thursday, including an 87-year-old woman in a wheelchair. Sir Jonathon Porritt was one of those arrested for showing support for Palestine Action, according to the activist group Defend Our Juries. Porritt is a former director of Friends of the Earth and has advised the Prince of Wales for over three decades.

Many of those arrested expressed support or membership of Palestine Action, risking significant jail time if convicted. The Metropolitan Police reported that 117 people were detained during the protest, with most facing charges related to expressing support for a proscribed organisation rather than carrying placards.

Sources: The Guardian, Al Jazeera