Proscription of Palestine Action as terrorist organisation ruled unlawful by High Court

The high court has ruled that the Home Office acted unlawfully when it proscribed Palestine Action as a terrorist organisation, marking a major legal defeat for the government over its use of counterterrorism powers against a non-violent protest group.

In a judgment delivered by three senior judges, the court said that while Palestine Action had used criminality to advance its aims, its conduct had not crossed the ​“very high bar” required to justify designation as a terrorist organisation. The judges ruled that the proscription was unlawful, but ordered that it must stay in place until a further hearing later this month to determine next steps, including the possibility of a government appeal.

The ruling follows a legal challenge brought by Palestine Action’s co-founder Huda Ammori, who took action against the government after the group was banned by the then home secretary Yvette Cooper under terrorism legislation. The ban, which came into force on 5 July 2025, made membership of or support for the group a criminal offence punishable by up to 14 years in prison.

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During a hearing in November, lawyers for Ammori told the court in London that the decision was unlawful and should be quashed, arguing that Palestine Action had engaged in an ​“honourable tradition” of direct action and civil disobedience prior to its proscription. The court heard that more than 2,000 people had been arrested since the ban took effect, including priests, teachers, pensioners, retired British Army officers and an 81-year-old former magistrate.

Shortly after the ruling, the home secretary Shabana Mahmood confirmed that the government would appeal. She said she was ​“disappointed” by the judgment and rejected the court’s conclusion that the ban was disproportionate.

“The proscription of this organisation followed a rigorous and evidence-based decision-making process, endorsed by Parliament,” Mahmood said, adding that she believed home secretaries must ​“retain the ability to take action to protect our national security and keep the public safe”.

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Palestine Action’s co-founder Huda Ammori called the ruling a ​“monumental victory for both our fundamental freedoms in Britain and in the struggle for freedom for the Palestinian people”. She said the use of terrorism legislation against the group would be remembered as ​“one of the most extreme attacks on free speech in recent British history”.

“Palestine Action is the first civil disobedience organisation that does not advocate for violence to be proscribed by the British Government as a ​‘terrorist’ group, in a Trumpian abuse of power which would have seen this Labour Government proscribe the Suffragettes,” she said. 

The High Court is expected to return to the case later in February to decide whether the ban should be lifted, modified, or remain in place pending the outcome of any appeal.

Ella Glossop is Huck’s social editor. Follow her on Bluesky.

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