UK: Court draws ‘line in the sand’ against misuse of terrorism powers

In response to the judgment in the judicial review of the proscription of Palestine Action, Tom Southerden, Amnesty International UK’s Law and Human Rights Director, said:

“Today’s ruling is a vital affirmation of the right to protest at a time when it has been under sustained and deliberate attack. The High Court’s decision sends a clear message: the government cannot simply reach for sweeping counter‑terrorism powers to silence critics or suppress dissent. We welcome this judgment as an essential check on overreach and a powerful reminder that fundamental freedoms still carry weight in UK law.

“We are relieved – and encouraged – that the Court has recognised the dangers of treating direct action as terrorism. This decision halts a pattern of escalating restrictions, aggressive policing tactics, and an ever-expanding definition of what constitutes ‘terrorism’. It draws an important line in the sand against attempts to narrow the democratic space and undermine public confidence in the right to speak out.

This decision sends a clear message: the government cannot reach for sweeping counter‑terrorism powers to suppress dissent

“The implications are profound. Thousands of peaceful protesters – including those involved in the Defend Our Juries campaign – have been arrested for something that should never have been a crime. This ruling offers hope not only for them, but for anyone who believes that challenging those in power is a legitimate and necessary part of public life.

“A healthy democracy depends on people being able to organise, protest, and demand accountability without fear of being branded a threat. Today’s outcome strengthens that principle and underscores the importance of safeguarding our rights against disproportionate, politically motivated interference.

“Amnesty will continue to expose attempts to erode these freedoms, stand with those targeted for peaceful activism, and defend the right to protest wherever it is threatened. This decision marks an important step forward – and we will keep working to ensure the Government respects both the spirit and the letter of today’s ruling.”

Amnesty’s analysis of the judgment:

Amnesty International UK has welcomed today’s High Court judgment declaring the Government’s proscription of Palestine Action under terrorism legislation unlawful – a vital affirmation of the right to protest at a time when it has been under sustained and deliberate attack.

This ruling is a crucial defence of the right to protest at a time when it has been under sustained and deliberate attack

The Court was clear: the Home Secretary can’t reach for the nuclear option simply because it makes policing easier. Using proscription to criminalise people’s expressions of support or to hand police sweeping disruption powers was never what the policy allowed. The Court also found that the proscription resulted in a very significant and unjustified interference with freedom of expression and freedom of peaceful assembly (Articles 10 and 11 ECHR).

Kerry Moscogiuri, Amnesty International UK’s Chief Executive, said:

“Today’s ruling is a crucial defence of the right to protest at a time when it has been under sustained and deliberate attack.

“The High Court decision sends a clear message: the Government cannot simply reach for sweeping counterterrorism powers for its convenience, to suppress dissent and hand police more powers. Leaving such powers unchecked would keep the door wide open for future governments to wield this excessively sweeping legal framework in ever more draconian ways.

“We welcome this judgment as an essential check on overreach and a powerful reminder that fundamental rights still carry real weight in UK law.”

Human rights: interference, chilling effect, and proportionality

The Court held that while violent or nonpeaceful conduct fa