A Just Stop Oil protester on the M25 in 2022. Photograph: Leon Neal/Getty Images
Forty people, aged 22 to 58, incarcerated for direct actions on climate and Gaza actions amid crackdown on dissent
A record number of people who have taken part in protests will be in prison in the UK this Christmas, raising concern about the ongoing crackdown on dissent.
Forty people, aged from 22 to 58, will be behind bars on Christmas Day for planning or taking part in a variety of protests relating to the climate crisis or the war in Gaza. Several of them are facing years in prison after courts handed down the most severe sentences on record for direct action protests.
Jodie Beck, a policy and campaigns officer at the civil rights group Liberty, said the number of protesters in prison and the severity of their sentences was “a damning reflection of the state of democracy” in the country.
“We should all be able to stand up for what we believe in without fear of lengthy prison sentences. Continuing to prosecute people for exercising their right to protest will only serve to exacerbate the crisis in our criminal justice system alongside stopping people from making their voices heard,” Beck said.
Nineteen people are in prison – 10 of them on remand – after taking part in climate protests with the campaign group Just Stop Oil. They range from five people who received multi-year sentences after being found guilty of conspiring to cause gridlock on the M25, to two young people jailed for more than 18 months for throwing tomato soup over Van Gogh’s Sunflowers painting in the National Gallery in London.
U.S. Secretary of State Antony Blinken. meets with Israeli Prime Minister Benjamin Netanyahu in Tel Aviv on October 12, 2023. (Photo: Eyepress Media Limited/Reuters via Getty Images)
“This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces,” said one advocate.
Palestinians and Palestinian Americans on Tuesday filed a lawsuit accusing the U.S. State Department of creating a “loophole” allowing Israel to skirt federal legislation barring American military aid to foreign militaries that violate human rights law.
The lawsuit, which was filed by five individuals and supported by the group Democracy for the Arab World Now (DAWN), accuses the State Department and Secretary of State Antony Blinken of violating the Leahy Law, legislation passed in two parts in the late 1990s that built on the Foreign Assistance Act of 1961‘s proscription of U.S. military aid to foreign security forces that commit gross human rights violations.
According to DAWN, the suit “documents how the State Department has created unique, insurmountable processes to evade the Leahy Law requirement to sanction abusive Israeli units, despite overwhelming evidence of their human rights violations” including “torture, prolonged detention without charge, forced disappearance, and flagrant denials of the right to life, liberty, and security, such as genocide, indiscriminate and deliberate killings, and deprivation of items essential to survival, including food, water, fuel, and medicine.”
Case plaintiff Ahmed Moor, a Palestinian American from the southern Gazan city of Rafah who has lost numerous relatives in Israeli attacks, toldZeteo‘s Prem Thakker, “I’m hoping, through this action, through this lawsuit, that we can just call out the federal government to begin to enforce American laws.”
The State Department has sparked international outrage by repeatedly finding that Israel is using U.S.-supplied arms in compliance with domestic human rights law, citing the key ally’s right to defend itself and the October 7, 2023 Hamas-led attack. However, Israel’s 438-day retaliation has left more than 162,000 Palestinians dead, wounded, or missing in Gaza and millions more forcibly displaced, starved, or sickened. Thousands more have been killed or maimed in the West Bank.
South Africa is leading a genocide case against Israel at the International Court of Justice. Last month, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity.
Both men have been warmly welcomed in Washington, D.C.. Congress and the Biden administration have approved tens of billions of dollars in arms transfers to Israel. U.S.-supplied bombs have been used in some of Israel’s most notorious airstrikes. The U.S. has also vetoed numerous United Nations Security Council resolutions demanding a Gaza cease-fire.
Today, the White House welcomed Yoav Gallant, charged by the ICC with the war crimes of starvation as a method of warfare and intentionally directing an attack against the civilian population, as well as the crimes against humanity of murder, persecution, and other inhumane acts. What a disgrace.
“This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces,” DAWN executive director Sarah Leah Whitson said in a statement on Tuesday. “For too long, the State Department has acted as if there’s an ‘Israel exemption’ from the Leahy Law, despite the fact that Congress required it to apply the law to every country in the world. As a result, millions of Palestinians have suffered unimaginable, horrific abuses by Israeli forces using U.S. weapons.”
Stephen Rickard, a former U.S. official who helped pass the landmark legislation, said that “long-standing concerns that the State Department was not cutting off aid to specific Israel units as required by the Leahy Law… have been given dramatic urgency by the tragic ongoing crisis in Gaza.”
“If the State Department will not comply with the law, then it is time for the courts to vindicate the rule of law and order it to do so,” Rickard added.
The new lawsuit came a day after relatives of Ayşenur Ezgi Eygi—the Turkish American woman who, according to witnesses, was deliberately shot in the head while peacefully protesting the expansion of Israel’s illegal settlements in the occupied West Bank in September—met with Blinken in search of justice and accountability for the activist’s killing.
Referring to another American activist killed by Israeli forces while defending Palestinian homes, Hamid Ali, Eygi’s widower, said that Blinken “was attentive in listening to us, but unfortunately repeated a lot of the same things that we’ve been hearing for the past 20 years, particularly since Rachel Corrie’s killing.”
Ali called Blinken “very deferential to the Israelis,” adding that “it felt like he was saying his hands were tied and they weren’t able to really do much.”
A journalist asked State Department spokesperson Matthew Miller during a Tuesday press conference why the U.S. has not suspended arms transfers to Israel by invoking the Leahy Law and citing the cases of victims like Eygi or Shireen Abu Akleh—the Palestinian American Al Jazeera correspondent who, according to witnesses and several independent probes, was deliberately shot dead by an Israeli sniper in the West Bank in May 2022.
“We have taken those cases extremely seriously,” Miller claimed. Referring to Eygi, he added that he made it clear to Israel that “her death was unacceptable, that it should have been avoided, it should have never happened in the first place, that we want to see the results of their investigation, and we want to see them change their rules of engagement.”
Protesters sing Christmas carols outside the Home Office, December 12, 2024Photo: Talia Woodin @taltakingpic
“AWAY in a police car” echoed outside the Home Office on Wednesday as campaigners belted out renditions of Christmas carols, calling for the government to repeal draconian anti-protest laws.
Dressed in Christmas jumpers and Santa hats, carollers from Amnesty International UK, Greenpeace and Liberty sang festive songs including The Twelve Days of Protest and Silent Protest.
They then handed in a petition to the Home Office, calling on it to scrap protest restrictions introduced by previous governments, alongside a letter to Home Secretary Yvette Cooper demanding an urgent meeting to discuss the state of protest rights in Britain.
A series of repressive laws have made the right to protest increasingly hard to exercise.
They include the Police, Crime, Sentencing and Courts Act 2022, which allows police to ban or restrict “unacceptable” protests, and the Public Order Act 2023 which criminalised protesters “locking on” and fastening themselves to each other or objects.
Punitive jail terms handed out since their enactment include one Just Stop Oil protester being sentenced to six months for slow marching on a road for 30 minutes, while five others from the group received a combined 21 years for co-ordinating a non-violent action over Zoom.
Home Office continues appeal against Liberty’s successful legal challenge to anti-protest rules, which the High Court had previously found unlawful
Legislation gave police ‘almost-unlimited’ powers to impose conditions on protests that caused ‘more than minor’ disruption.
Liberty said “We will ensure a government is not allowed to wilfully ignore the rules at the expense of our fundamental human rights”
The human rights organisation Liberty has questioned the new Government’s “concerning disregard for the rule of law” as the Home Office has instructed lawyers to proceed with an appeal against a recent High Court ruling that anti-protest legislation had been created unlawfully.
The legislation, which significantly reduced the threshold at which the police could impose almost-unlimited conditions on protests to anything that they deemed caused ‘more than minor disruption’, had been brought in by then Home Secretary Suella Braverman in June 2023. Previously the threshold had been set at anything that caused ‘serious disruption’.
Liberty challenged the legislation in court, arguing that it was unlawful since it had already been democratically rejected by Parliament just a few months earlier, and was subsequently brought in “via the back door” through ‘secondary legislation’, which required less Parliamentary scrutiny and debate.
In May 2024, the High Court agreed with Liberty’s arguments, ruling that “more than minor cannot mean serious”. The Court also found that the Government had failed to undertake a fair consultation period, instead only inviting thoughts from those it knew would be supportive of its proposals, such as the police but not protest groups.
The previous Government had lodged an appeal against the ruling, and despite requesting an adjournment and meeting to discuss the regulations, the new Government has now decided to continue the appeal. The appeal hearing is expected to take place later in the year.
UN Special Rapporteur on Environmental Defenders under the Aarhus Convention Michel Forst attended the trial of five Just Stop Oil supporters at Southwark Crown Court. He attended as an observer because of his serious concerns.
Silencing defendants is the courtroom parallel to the wider attack on protest rights by the last government, including the “public nuisance” offence the Just Stop Oil five have been found guilty of and other measures that allow the police to shut down demonstrations before they have even begun, or haul peaceful citizens off marches for carrying placards or wearing imagery they object to.
Both reveal the collapse of ruling-class confidence in the people they rule. Grasping, after the shocks of Brexit and the Corbyn movement, that people are deeply dissatisfied with the system, their only answer is to ban protest and silence dissidents.
We cannot be silenced. The stakes are too high: as the Just Stop Oil cause illustrates, climate change, in the form of erratic weather, increasingly severe droughts and floods and crop failure, is already upon us. British farms saw a 19 per cent income drop in the last year because of mass flooding. The disruption to our lives from upsets to food production and the water supply will outweigh that from halting traffic on a motorway. The five must be freed.
Labour in power has a chance to change course from the crazy authoritarianism of the Tories. It is committed to restoring workers’ strike rights — but it must be made to restore protest rights too. Like the Tolpuddle Martyrs, we must “raise the watchword, liberty,” defying a state that tramples on our freedoms.
