Former British diplomat Craig Murray has launched a legal challenge against the recent ban on Palestine Action in Scotland, raising the prospect of a legal divergence between Scottish and English courts on a matter involving the Terrorism Act.

Murray, who served as the UK’s ambassador to Uzbekistan from 2002 to 2004, filed a petition in the Court of Session in Edinburgh, arguing that the UK Home Office’s proscription of the direct action group violates the European Convention on Human Rights, particularly the rights to freedom of speech and peaceful assembly.

This legal move is distinct from the judicial review of the proscription order currently pending at the High Court in London, brought by Palestine Action co-founder Huda Ammori. The Scottish challenge could lead to a situation in which the ban is ruled unlawful in Scotland but upheld in England and Wales.

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Palestine Action ban raises UK constitutional questions

The case has already drawn comparisons to the legal split seen in the 2019 prorogation of Parliament, when Scottish judges ruled the move unlawful while their counterparts in London upheld it, until the UK Supreme Court sided with Scotland. Activist network Defend Our Juries, which has supported Palestine Action demonstrations, warned that the potential for conflicting court rulings could trigger a “constitutional crisis".

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A spokesperson for the group said, “We wholeheartedly support this legal challenge and the Scottish people’s right within their legal system to seek to overturn this absurdly authoritarian ban which has been imposed by Westminster.”

Palestine Action proscription 'absurd'

Murray’s petition argues that Palestine Action was not consulted before being labeled a "terrorist group" and that the order infringes on fundamental civil liberties. He said he had personally supported the group and taken part in its protest activities prior to the proscription taking effect on July 5.

“It is a maxim in Scots law that the law cannot be absurd. To claim that Palestine Action is a terrorist organisation is plainly absurd,” said Murray. “This proscription is a politically motivated action in support of a genocide and it is poisoning Scottish civil society. Entirely peaceful protesters are being arrested and charged as terrorists.”

The Scottish legal system operates independently from that of England and Wales, allowing for diverging interpretations on human rights issues. Activists say Scotland’s legal tradition places greater emphasis on civil liberties than the “supremacy of Parliament” doctrine in English law.

Those arrested under the Terrorism Act in Scotland include individuals wearing T-shirts bearing slogans such as: “Genocide in Palestine, time to take Action.”

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UK Home Office defends proscription under Terrorism Act

The UK Home Office defended its decision, stating that Palestine Action had carried out “an escalating campaign” involving serious criminal damage, threats to national security infrastructure, and incidents of intimidation and alleged violence.

“Palestine Action has conducted an escalating campaign involving not just sustained criminal damage, including to Britain’s national security infrastructure, but also intimidation and, more recently, alleged violence and serious injuries to individuals,” said a Home Office spokesperson.

The Scottish Government has declined to comment on the ongoing legal proceedings, as per The Guardian's report. The next step in the Scottish case will be a hearing to determine whether it may proceed to trial.