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UK Court Rules Palestine Action Ban Unlawful Amid Appeal

A High Court decision finds the government’s terror group ban on Palestine Action unlawful, but the ban remains as officials prepare for a contentious appeal and activists weigh the impact on protest rights.

7 min read

On February 13, 2026, the United Kingdom’s High Court delivered a landmark decision, ruling that the government’s controversial ban of the protest group Palestine Action as a terrorist organization was both unlawful and disproportionate. The ruling, which reverberated through legal, political, and activist circles, has been hailed by supporters as a significant victory for civil liberties and the right to protest, even as the government vows to appeal and keep the ban in place for now.

The court’s decision came after months of legal wrangling and public outcry following the government’s move last June to proscribe Palestine Action under anti-terrorism legislation. This proscription, endorsed by Parliament and announced by then-Home Secretary Yvette Cooper, placed the group in the same legal category as al-Qaeda and ISIS, making it a crime to belong to, support, or even express support for Palestine Action—a crime punishable by up to 14 years in prison, according to BBC News and CBS News.

Palestine Action, a direct-action campaign group established in 2020, has drawn attention for its high-profile protests and break-ins at sites linked to Israeli arms manufacturer Elbit Systems UK and British military facilities. The group’s actions, which included spraying red paint on military planes at a Royal Air Force base in Oxfordshire, were cited by the government as justification for the ban. Officials claimed that the group’s activities had caused millions of pounds in damages and posed a threat to national security.

Yet, as the High Court’s three senior judges—Victoria Sharp, Jonathan Swift, and Karen Steyn—noted in their ruling, while Palestine Action undeniably engaged in criminality to further its aims, its activities did not meet the “level, scale and persistence” required to justify proscription as a terrorist organization. “The nature and scale of Palestine Action’s activities do not meet the threshold to justify proscription as a terrorist group,” the judges wrote, as reported by CBS News. They further concluded that the government’s decision to ban the group was “disproportionate,” and that standard criminal law would suffice to prosecute any genuine wrongdoing.

Huda Ammori, co-founder of Palestine Action and the lead challenger to the ban, responded with jubilation outside the Royal Courts of Justice. “This is a monumental victory both for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people, striking down a decision that will forever be remembered as one of the most extreme attacks on free speech in recent British history,” Ammori declared, according to Al Jazeera and BBC News. She characterized the government’s ban as “a Trumpian abuse of power” and insisted that any further attempts to appeal would be “profoundly unjust.”

The government, however, is not backing down. Home Secretary Shabana Mahmood expressed her disappointment and vowed to contest the ruling, stating, “I am disappointed by the court’s decision and disagree with the notion that banning this terrorist organization is disproportionate. I intend to fight this judgment in the Court of Appeal.” A hearing is scheduled for February 20, 2026, to determine whether the government’s appeal will proceed, with the ban remaining in effect until the legal process is fully resolved.

For now, the legal limbo has created a peculiar situation. While the High Court has ruled the ban unlawful, it remains a criminal offense to support Palestine Action. However, London’s Metropolitan Police have indicated they are unlikely to arrest individuals solely for expressing support for the group while the legal situation remains unsettled. Instead, officers will focus on gathering evidence for possible enforcement at a later date. As the police put it, “We recognize these are unusual circumstances. This is the most proportionate approach we can take, acknowledging the decision reached by the court while recognizing that proceedings are not yet fully concluded.”

The impact of the ban has been profound. Since its introduction in July 2025, more than 2,000 people have been arrested for supporting Palestine Action, many for holding signs at peaceful protests that read, “I oppose genocide. I support Palestine Action.” According to BBC News, some 170 protesters have been charged and face up to six months in jail, while others, including many elderly or disabled individuals, could face up to 14 years’ imprisonment. Ammori and other activists argue that the ban has criminalized legitimate political dissent and protest, with thousands of people of conscience risking arrest to challenge what they see as a draconian overreach.

Outside the court, scenes of celebration erupted among Palestine Action supporters. Artist Nicola Moxham, who had been arrested for supporting the group, described the ruling as “an absolute triumph for direct action in support of Palestine Action and opposing, most importantly, the genocide of Palestinians and destruction of Gaza.” Her husband, retired professor John Moxham, added, “There ought to be a lot of resignations of government ministers. The prime minister and [Justice Secretary] David Lammy have got a lot of blood on their hands,” as quoted by Al Jazeera.

The High Court’s ruling also critiqued the government’s process, noting that former Home Secretary Yvette Cooper had failed to fully consider the impact of the ban on the right to protest and had not followed her own policies regarding the threshold for proscription under the Terrorism Act. The judges acknowledged that “a very small number” of the group’s actions might meet the legal test for terrorism, but emphasized that such acts could be prosecuted under standard criminal law.

Political reactions to the ruling have been sharply divided. Shadow home secretary Chris Philp argued that Palestine Action had engaged in “organized political violence and cannot be tolerated,” welcoming the government’s appeal. Liberal Democrats home affairs spokesman Max Wilkinson countered that the ban was a “grave misuse of terrorism laws,” warning that equating the group with ISIS risked undermining public trust and civil liberties. Green Party leader Zack Polanski welcomed the court’s decision and called for charges against those arrested to be dropped. Meanwhile, Jewish community groups, including the Board of Deputies of British Jews and the Jewish Leadership Council, expressed deep concern over the ruling and supported the government’s intention to appeal.

Palestine Action’s campaign has focused on direct actions against Elbit Systems UK, the British arm of Israel’s largest arms manufacturer, which describes its drones as “the backbone” of Israel’s drone fleet. The group claims its actions have cost Elbit millions of pounds in profits. According to Al Jazeera, since 2020, Palestine Action has carried out 385 direct actions protesting Israeli government policies and the situation in Gaza.

The case underscores the ongoing tension in Britain between national security measures and the protection of civil liberties, especially amid heightened sensitivities around protests related to Israel and Palestine. As the legal process unfolds, the fate of thousands of protesters and the future of political dissent in the UK remain uncertain, with the next chapter set to be written in the Court of Appeal.

For now, supporters of Palestine Action savor a rare legal win, even as the shadow of government appeal and continued legal jeopardy hangs over their movement. The High Court’s decision stands as a potent reminder of the delicate balance between security and freedom in a democracy, and the ongoing struggle to define the limits of dissent.

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