LONDON — The British government’s decision to ban a pro-Palestinian protest group as a terrorist organization was ruled unlawful on Friday by senior judges, who said the measure was disproportionate and breached fundamental free speech rights.

The decision, by the High Court in London, is a setback for the government of Prime Minister Keir Starmer, which has faced significant criticism over the ban and its implications for free expression and the right to protest.

The court said that the ban would remain in place for now to allow legal arguments from both sides on whether it should still be enforced, given the government’s right to appeal. However, the Metropolitan Police, which is responsible for law enforcement across London, said it would no longer arrest people for expressing support for the group, though it would continue “gathering evidence” for possible enforcement “at a later date.”

Government to Contest Ruling

The government said it would contest the ruling at the Court of Appeal.

The protest group, Palestine Action, does not promote violence against individuals. But its members have damaged facilities linked to an Israeli weapons manufacturer and last June broke into RAF Brize Norton, Britain’s largest air force base, in Oxfordshire, and vandalized two aircraft.

The government’s ban put Palestine Action on the same legal footing as terrorist organizations including al-Qaida; Atomwaffen Division, a neo-Nazi group; and Hezbollah.

The ban was the first time the British government had used such powers against a group for “serious damage to property,” rather than because of the use or threat of violence, prompting criticism from a broad range of human rights groups and international bodies.

Since the ban took effect in July, at least 2,000 people have been arrested for expressing support for the group, including by holding signs or wearing T-shirts saying “I oppose genocide, I support Palestine Action.”

In a statement, Huda Ammori, co-founder of Palestine Action, described the ruling on Friday as “a monumental victory for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people.”

Calls for Ban to Be Lifted Immediately

Ammori called for the ban to be lifted without delay.

In a summary of its ruling, the High Court said that Palestine Action was an organization that promoted its political cause “through criminality and the encouragement of criminality.”

But the court ruled that “even discounting Palestine Action’s non-peaceful activities, the ban did result in a very significant interference with the right to freedom of speech and the right to freedom of assembly.”

That put the ban in conflict with the Human Rights Act of 1998, the judges said — legislation in Britain which protects fundamental rights.

The judges also said that banning Palestine Action was disproportionate because very few of the group’s activities amounted to acts of terrorism as defined by British law.

“The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription,” the court summary said, referring to the government ban.

Shabana Mahmood, Britain’s home secretary, said in a statement that the court had acknowledged that Palestine Action had “carried out acts of terrorism.” The group’s actions are not consistent with democratic values and the rule of law, she said.

“For those reasons, I am disappointed by the court’s decision and disagree with the notion that banning this terrorist organization is disproportionate,” she said, adding: “I intend to fight this judgment in the Court of Appeal.”

Police to Continue to Gather Evidence

In its statement, the Metropolitan Police said officers would continue gathering evidence if people expressed support for Palestine Action but “for enforcement at a later date, rather than making arrests at the time.”

The statement added: “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 decision to ban Palestine Action under terrorism legislation was made by Mahmood’s predecessor, Yvette Cooper. It made it illegal to be a member of the group, raise money for it, organize meetings or express support in any way, whether in person, online or by carrying signs or wearing items of clothing.

At a hearing in November, lawyers representing Ammori said that many Palestine Action protesters had been prosecuted for crimes committed during protests, such as property damage, before the ban and that activating “draconian” legal powers by declaring the group a terrorist organization was not proportionate or necessary.

An assessment drawn up by a security body led by Britain’s MI5 domestic intelligence agency in March last year found that only three out of 385 actions then carried out by Palestine Action met the legal test of “committing acts of terrorism.” All of those involved property damage although the intelligence agencies provided the High Court with further evidence in hearings that were closed to the public and news media.

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This article originally appeared in The New York Times.

By Lizzie Dearden and Stephen Castle
c. 2026 The New York Times Company