Yaqeen Blog

On Friday, February 13, 2026, the UK High Court issued a landmark ruling that the government’s decision to proscribe Palestine Action as a terrorist organization was unlawful. This is a massive legal and political development. Here is a detailed breakdown of what the ruling actually means, the legal "why" behind it, and the current status of those caught in the crossfire. 

⚖️ The High Court Ruling: Why was it "Unlawful"?

The High Court (specifically a panel including Dame Victoria Sharp) found that the ban—originally implemented in July 2025 by then-Home Secretary Yvette Cooper—failed on two primary legal grounds:

1. Breach of Fundamental Rights (Articles 10 & 11)

The court ruled that banning the group was disproportionate. Under the European Convention on Human Rights (ECHR), everyone has the right to freedom of expression and freedom of assembly. While the government argued that the group’s "direct action" (like damaging weapons factories) constituted terrorism, the judges found that the ban’s "chilling effect" on legitimate protest and speech far outweighed the government's security justifications.

2. Failure to Follow Own Policy

The Home Office has specific criteria for when an organization should be proscribed. The court found that the Home Secretary breached her own policy. While some of the group’s actions (like the June 2025 RAF Brize Norton break-in) did technically fall under the broad definition of "terrorism" (serious damage to property for a political cause), the court ruled the scale and persistence of these actions did not warrant the extreme "nuclear option" of a terror ban.

🚦 Current Status: Is the ban lifted?

Not yet. This is where it gets complicated.

• The "Quashing" Order: While the judges proposed to "quash" (cancel) the ban, they have not done so immediately. They have allowed for a "consequential hearing" on February 20, 2026, to decide if the ban should stay in place while the government appeals.

• The Appeal: The current Home Secretary, Shabana Mahmood, has already expressed disappointment and stated the government will appeal the ruling. 

• Legal Limbo: Technically, for the next few days, Palestine Action remains a proscribed group. However, the Metropolitan Police have already stated they will cease immediate arrests for showing support, opting instead to "gather evidence" pending the final legal outcome.

📉 Impact on the 2,700+ Arrests

Since the ban began in July 2025, over 2,787 people have been arrested for showing support (often just for holding a placard).

• Wrongful Arrests? If the ban is ultimately quashed, these arrests may be deemed retrospectively unlawful. This opens the door for thousands of civil lawsuits against the police for wrongful arrest and false imprisonment.

• Charging Status: Around 500 people have already been charged under the Terrorism Act. These cases are now in a state of "legal limbo" and will likely be stayed (paused) or dropped if the government loses its appeal.

🔍 Key Summary

• Case Name: R (Ammori) v Secretary of State for the Home Department [2026]

• Main Finding: The proscription was a "disproportionate interference" with free speech and assembly.

• Key Conflict: The government views property damage as terrorism; the Court views it as a matter for criminal law, not counter-terrorism proscription.

• Precedent: This is the first time in UK history a group focused on "civil disobedience" has been successfully challenged after being listed alongside groups like ISIS or Al-Qaeda.