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Court of Appeal overturns High Court ruling that Palestine Action terrorism proscription was unlawful

A depressing start to the week, as the Court of Appeal in London overturns the High Court's ruling in February that the government's proscription of Palestine Action as a terrorist organization was unlawful.

The Court of Appeal scolded the High Court for not having deferred to home secretary Yvette Cooper’s authority, and, while mildly lamenting the inconvenience caused to thousands of peaceful campaigners arrested for holding up placards, also overruled the High Court’s ruling that the proscription had an unacceptable effect on fundamental freedoms under Articles 10 and 11 of the European Convention on Human Rights, concerning freedom of speech and freedom of assembly.

Instead, the Court accepted that the proscription was acceptable because Palestine Action was a “secretive cell-based organization” that had committed acts of terrorism on at least three occasions, and that proscription was also necessary to prevent a future escalation in its activities. They also assessed that Palestine Action promotes “unlawful violence amounting to terrorism”, and also condemned their actions for aiming to “close down lawful businesses”, which were “trading lawfully.”

They noted, in passing, that terrorist organizations are generally defined as such through their support of violence against people, which, they acknowledged, was not Palestine Action’s aim, but concluded that, nevertheless, the decision to proscribe was correct.

A sad result, and one that also seems to undercut any possibility of a further appeal - to the Supreme Court - being successful, as it so thoroughly erased any notion that morality has a place in the law.

Jun 15
at
11:10 AM
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