Craig Murray, a former British diplomat, has initiated a legal petition contesting the prohibition of Palestine Action in Scotland.
This legal action is distinct from the judicial review underway at the High Court in London concerning the ban and could result in the restriction being deemed unlawful in Scotland while remaining valid in England and Wales.
Defend Our Juries, an organization supporting Palestine Action-the first direct action group banned under the Terrorism Act-warned that such a divergence in rulings could trigger a “constitutional crisis.”
Murray, who served as the UK ambassador to Uzbekistan between 2002 and 2004, formally notified the Scottish Solicitor General, Ruth Charteris KC, last Friday. The forthcoming step involves a hearing to determine whether the case will advance to trial.
Craig Murray, former UK ambassador to Uzbekistan, has served notice to the Scottish Solicitor General. Photograph: Andy Buchanan/AFP/Getty
Murray contends that the proscription infringes upon the rights to free speech and peaceful assembly as protected by the European Convention on Human Rights, and argues that Palestine Action was not consulted prior to the ban’s enforcement.
Meanwhile, a judicial review initiated by Huda Ammori, co-founder of Palestine Action, is scheduled for November at the High Court in London, pending the Court of Appeal’s decision on whether the case should proceed after the Home Office’s attempt to halt it.
This Scottish legal challenge echoes the precedent set during the controversy over Boris Johnson’s prorogation of Parliament, where Scottish appellate judges ruled the action unlawful, while the London High Court found it lawful. The UK Supreme Court ultimately sided with the Scottish judiciary in that instance.
In his submission to the Court of Session, Murray justified his standing by highlighting his prior public support for Palestine Action and his participation in protests organized by the group before the ban took effect on 5 July.
Upon surpassing the initial procedural stage, Murray stated: “Under Scots law, the law must not be irrational. Labeling Palestine Action as a terrorist organization is plainly irrational. This ban is a politically driven measure endorsing genocide and is corroding Scottish civil society. Peaceful demonstrators are being treated as terrorists.”
Among those detained in Scotland under the Terrorism Act for alleged support of Palestine Action were individuals reportedly wearing shirts emblazoned with the phrase “Genocide in Palestine, time to take Action.”
A representative from Defend Our Juries expressed strong backing for the legal challenge, emphasizing the Scottish public’s right to contest what they describe as an excessively authoritarian ban imposed by Westminster.
“Scotland’s legal framework prioritizes the sovereignty and rights of its people, contrasting with the English principle of parliamentary supremacy. This challenge is firmly grounded in law. The risk of conflicting rulings between Scottish and English courts highlights the unenforceability of this ban,” the spokesperson added.
The Scottish government declined to comment on ongoing legal proceedings.
A spokesperson for the UK Home Office defended the ban, stating: “Palestine Action has engaged in an escalating campaign involving repeated criminal damage, including attacks on Britain’s national security infrastructure, alongside intimidation and, more recently, alleged violence resulting in serious injuries.”
