Campaigners welcome Scottish legal challenge to ‘draconian’ Palestine Action ban

A campaign group has welcomed a legal challenge in the Scottish courts seeking to overturn the “draconian” ban on Palestine Action.

The group was proscribed as a terrorist organisation by the UK Government in July, after claiming responsibility for damage to jets at RAF Brize Norton.

Campaign group Defend Our Juries said more than 2,000 people across the UK have since been arrested for expressing their support for the group, many after holding signs with the slogan “I oppose genocide in Gaza. I support Palestine Action”.

On Friday morning, former UK diplomat Craig Murray served notice on the Scottish Solicitor General, Ruth Charteris, of the petition to seek a full judicial review of the ban.

The basis of the challenge is that the proscription contravenes the rights to freedom of speech and assembly, as enshrined in Articles 10 and 11 of the European Convention on Human Rights.

The challenge also argues that the ban was unfair and disproportionate as Palestinian Action was not consulted before it was imposed.

The legal action is distinct from that being brought against the ban in England and Wales by Palestine Action co-founder Huda Ammori, which is due to be heard at the High Court in November.

Defend our Juries said if Mr Murray’s challenge is successful, it could result in the proscription of Palestine Action being declared unlawful in Scotland but not in England and Wales, creating the “potential for a constitutional crisis”.

A spokesperson for the group said: “We wholeheartedly support this legal challenge and the Scottish people’s right within their legal system to seek to overturn this absurdly authoritarian ban which has been imposed by Westminster.

“With Scotland’s legal system prioritising the rights and sovereignty of the people rather than the English doctrine of the supremacy of Parliament, this legal challenge is on strong legal footing.

“The potential for a constitutional crisis, created if Scottish and English courts reach different decisions, further demonstrates that this ban is simply not enforceable.”

The group said it will be “escalating the mass defiance of the ban” next month, with “peaceful mass sign-holding” actions taking place across Britain from November 18-29.

The spokesperson added: “Throughout history civil disobedience has been used to overturn unjust laws.

“The movement against this draconian proscription is growing day by day – there are too many thousands of people who refuse to accept this unjust law and will not stop defying it until it is lifted.”

A Home Office spokesperson said: “Palestine Action has conducted an escalating campaign involving not just sustained criminal damage, including to Britain’s national security infrastructure, but also intimidation and, more recently, alleged violence and serious injuries to individuals.

“That kind of activity puts the safety and security of the public at risk.

“Violence and serious criminal damage has no place in lawful protests.”