24 June 2025

Palestine Action - Home Secretary to present DRAFT proscription order to Parliament

With additions 1 July 2025, 2 July 2025, 5 July 2025, 7 July 2025, 8 July 2025

Draft Proscription Order

Palestine Action is a 'movement' which, according to its website (at 24 June 2025), seeks to 'Shut Down Israel's Arms Trade in Britain.' The website states - 'Palestine Action is a direct action movement committed to ending global participation in Israel’s genocidal and apartheid regime. Using disruptive tactics, Palestine Action targets corporate enablers of the Israeli military-industrial complex and seeks to make it impossible for these companies to profit from the oppression of Palestinians.'

The Home Secretary - Yvette Cooper MP - has decided to proscribe the organisation  under powers in the Terrorism Act 2000 section 3.

This news appeared in

a written statement to Parliament - see Statement made on 23 June 2025.

A draft Proscription Order is to be laid before Parliament on Monday 30 June. If passed, it will make it illegal to be a member of, or invite support for, Palestine Action. According to Cooper, the decision 'is specific to Palestine Action and does not affect lawful protest groups and other organisations campaigning on issues around Palestine or the Middle East.'

The Home Secretary's decision follows what she described as 'an attack' on RAF Brize Norton on 20 June. The event was widely reported - e.g. Sky News - Pro-Palestinian activists break into RAF base and vandalise aircraft

Cooper's statement reads - 'Since its inception in 2020, Palestine Action has orchestrated a nationwide campaign of direct criminal action against businesses and institutions, including key national infrastructure and defence firms that provide services and supplies to support Ukraine, the North Atlantic Treaty Organisation (NATO), “Five Eyes” allies and the UK defence enterprise. Its activity has increased in frequency and severity since the start of 2024 and its methods have become more aggressive, with its members demonstrating a willingness to use violence. Palestine Action has also broadened its targets from the defence industry to include financial firms, charities, universities and government buildings. Its activities meet the threshold set out in the statutory tests established under the Terrorism Act 2000. This has been assessed through a robust evidence-based process, by a wide range of experts from across government, the police and the Security Services.'

Please read Cooper's written statement in full.

The law

Proscription is addressed by Part II of the Terrorism Act 2000

If the Proscription Order becomes law, Palestine Action will join a considerable list of proscribed bodies - see Schedule 2 Terrorism Act 2000

The Secretary of State may make such orders only if the Secretary believes that the organisation is concerned in terrorism.

Section 1 of the 2000 Act sets out the interpretation of the word "terrorism" 

To become law, the draft proscription order is subject to the affirmative procedure and therefore requires
the approval of both Houses of Parliament. Whilst politicians will doubtless express their views, the debates on draft orders can only result in an order being approved or not approved. They cannot be amended during the debates. 

In April 2024, the House of Commons library published a Research Briefing - 'Proscribed Terrorist Organisations'. 

Offences

Sections 11 and 12 of the 2000 Act define offences related to membership of and support for proscribed organisations. The maximum sentence is 14 years imprisonment.

As noted above, Palestine Action maintains a website. It seems doubtful that it will be able to do this if the order becomes law. Maintaining a website may lead to an offence under the 2000 Act. 

International Court of Justice

In 2023, South Africa instituted proceedings at the ICJ - see HERE. The proceedings concern the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip.

Extra

The Guardian 28 June 2025 - Haroon Siddique (Legal Affairs Correspondent) - 'It's a complete assault on free speech': how Palestine Action was targeted for proscription as terrorists

The Guardian 30 June 2025 - Palestine Action is part of Britain's proud history of protest. Proscribing it is an assault on democracy

Addition 1 July 2025

An urgent hearing was held in the High Court on Monday (30 June) related to an application for judicial review on behalf of one of the founders of the direct action group, Huda Ammori.

A further hearing will be held on Friday to decide whether the Government can temporarily be blocked from banning the group, pending a hearing to decide whether Palestine Action can bring the legal challenge.

A decision on whether the group may bring the legal challenge will be given at a further hearing expected to be held in the week of July 21.

Supporting statements have also been submitted by Amnesty International, Liberty and European Legal Support Centre over concerns of unlawful misuse of anti-terror measures to criminalise dissent.

Ham High - Palestine Action to legal challenge proscription under anti-terror law

Amnesty UK - Press release

Liberty - Government's use of Terrorism powers against protest groupds sets concerning precedent

European Legal Support Centre  - letter to Home Secretary

2 July 2025  

The Guardian - Pressure grows on Yvette Cooper to abandon plans to ban Palestine Action 

In two separate letters to Yvette Cooper, the Network for Police Monitoring (Netpol) lawyers’ group and the Haldane Society of Socialist Lawyers said that proscribing the group would set a dangerous precedent.

Additionally, several UN special rapporteurs, including those for protecting human rights while countering terrorism and for promoting freedom of expression, said they had contacted the UK government to say that “acts of protest that damage property, but are not intended to kill or injure people, should not be treated as terrorism”.

UN Human Rights - UN experts urge UK not to misuse terrorism laws against protest group Palestine Action 

5 July 2025

The High Court refused to grant interim relief - The National 

For the judgment see Ammori v Secretary of State for the Home Department [2025] EWHC 1708 (Admin) 

An application to the Court of Appeal was dismissed - see the judgment HERE

For arrests during a protest in London see  BBC News - Arrests in London after protest

7 July 2025

Here is the Proscription Order

8 July 2025

UK Constitutional Law Association blog - Home Secretary v Palestine Action: The constitutional implications of widening the legal understanding of terrorism

 

 

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