The Home Office is appealing against the High Court’s earlier decision that the 2025 ban on Palestine Action was disproportionate to the threat posed by the group and should be revoked. The government had outlawed the organization days after activists broke into a Royal Air Force base in southern England and caused millions of pounds of damage to two military aircraft during protests against Israel’s military campaign in Gaza.

Under the ban introduced by Prime Minister Keir Starmer’s Labour government, Palestine Action was added to a proscribed list that includes Hamas and Lebanon’s Iran-backed Hezbollah, making membership or public support for the group a criminal offense punishable by up to 14 years in prison under British terrorism laws.

Government lawyer James Eadie told the court that the earlier ruling had wrongly assessed the balance between civil liberties and public protection, arguing parliament had already determined the measure was both necessary and proportionate.“The protection of national security and of the public from terrorism was central” to the decision, Eadie said in written submissions.

He told the court that judges had failed to properly consider parliament’s judgment that the ban was “both effective and appropriate,” adding that ordinary criminal law had “demonstrably failed” to prevent an escalation in the group’s activities.

“The line between criminality, sometimes violent criminality, and terrorism is not a bright one,” Eadie said, arguing Palestine Action was “not engaged in what can be properly described as merely civil disobedience.”He said the group met the statutory definition of being involved in terrorism under British law.

The ban triggered strong criticism from civil liberties advocates and pro-Palestinian campaigners, with thousands of supporters reportedly arrested since its introduction.In February, a three-judge High Court panel ruled in favor of a legal challenge brought by Palestine Action co-founder Huda Ammori, finding that the prohibition had caused a “very significant interference” with rights to free expression and peaceful assembly.

Founded in 2020, Palestine Action says its objective is to end what it describes as global complicity in Israel’s actions in Palestinian territories.

The group has primarily targeted weapons manufacturers, particularly facilities linked to Israeli defense company Elbit Systems.The appeal hearing is scheduled to conclude on Thursday.

The 47-year-old former member of the Australian Defence Force was detained at Sydney Airport and will face charges carrying a maximum penalty of life imprisonment, according to the Australian Federal Police.

Police allege the victims were not participating in hostilities and were detained, unarmed, and under the control of Australian forces at the time of their deaths. Authorities further allege the killings were either carried out directly by Roberts-Smith or by subordinates acting under his orders.

Roberts-Smith, who received the Victoria Cross for his service, has previously denied wrongdoing. Allegations against him first emerged in 2018 through media investigations and later became the subject of a high-profile defamation case.

In 2023, a Federal Court judge ruled that reports by Nine Entertainment had substantially proven several accusations, including the unlawful killing of detainees. His final appeal was dismissed by the High Court in 2025.The charges follow a broader inquiry into alleged misconduct by elite Australian forces in Afghanistan.

A 2020 military report found credible evidence that members of the Special Air Service Regiment unlawfully killed dozens of prisoners and civilians.The investigation into Roberts-Smith was conducted jointly by the Australian Federal Police and the Office of the Special Investigator, led by Ross Barnett, who said the process was complicated by limited access to crime scenes in Afghanistan.

Authorities said 53 war crimes allegations have been examined, with several cases ongoing. Another former special forces soldier is scheduled to stand trial on similar charges next year.

Roberts-Smith is expected to appear before a court in New South Wales later on Tuesday.