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The government has maintained its justification for outlawing Palestine Action under anti-terrorism laws, despite a recent High Court ruling that deemed the ban unlawful. Currently, a rare panel of five judges at the Court of Appeal is reviewing the February decision that overturned the group’s proscription. The legal debate centers on whether the government’s powers to ban organizations on terrorism grounds should be constrained in this case.
During the opening day of a three-day hearing, government barristers argued that revoking the ban would restrict ministers’ counter-terrorism authority. The government’s legal team stressed that Palestine Action is distinct from groups such as Hamas or the IRA, where there is typically a more direct link between the perpetrators of terrorist acts and their supporters. When asked by Sir Geoffrey Vos, the second most senior judge in England and Wales, about the unusual nature of banning a group due to its impact on legitimate protest rights, the government’s lead counsel, Sir James Eadie KC, acknowledged the effect on supporters but emphasized that preventing such support was an intended purpose of the proscription regime.
Sir James explained that Parliament intentionally grants ministers broad discretion to proscribe groups once experts identify them as “concerned in terrorism.” He noted, “Parliament was alive to the fact that those powers conferred on the secretary of state were significant powers.” According to him, Palestine Action met the statutory criteria for involvement in terrorism, and expert advice indicated their activities were growing more serious over time.
The background to the ban included incidents such as members of Palestine Action illegally entering RAF Brize Norton and damaging jets during a protest against the Gaza conflict. Since its founding in 2020, the group has primarily targeted the UK subsidiary of Elbit, Israel’s largest defense company. Although the Home Secretary’s 2025 ban remains in effect during the government’s appeal, three High Court judges had ruled earlier this year that while the group promotes its political cause through criminality, this did not justify proscription under terrorism legislation. They also found the home secretary breached her own policy guidelines on the scope of such exceptional powers. Members’ lawyers have maintained that Palestine Action is a legitimate protest entity engaged in civil disobedience. Documentation submitted to the Court reveals the group was involved in 158 direct actions targeting 48 premises between August 2024 and June 2025, with significant property damage occurring on 28 occasions and 158 arrests made. Counter-terrorism officials assess that Palestine Action operates nationwide and recommended its proscription to the home secretary in March 2025 as a measure to limit its activities without infringing on peaceful pro-Palestinian protests. The appeal continues, with arguments from one of the group’s co-founders expected later, while outside the court, supporters gathered to voice opposition to the ban
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