UK

Suella Braverman criticised for suggesting waving a Palestine flag may be illegal

Chris Jarvis 11 October, 2023 


"Home Secretary Suella Braverman’s instruction to Chief Constables to consider whether the waving of a Palestinian flag is legitimate as it may indicate support for terrorism, is deeply concerning, threatening to civil liberties and likely to further normalise a dehumanising of Palestinians that is currently widespread in political discourse."

Home Secretary Suella Braverman has suggested that ‘the waving of a Palestinian flag’ may be a criminal offence. In an extraordinary letter to police chiefs in England and Wales, Braverman has suggested that doing so in some circumstances may be ‘intended to glorify acts of terrorism’.

Braverman’s letter comes in the wake of Hamas’ attack on Israel on October 7 and the extensive military response from the government of Israel. Following Israel’s bombing campaign and siege on Gaza – in which no food, water, electricity or fuel is being allowed to enter the Palestinian territory – a number of demonstrations have taken place across the UK in solidarity with the Palestinian people.

Braverman’s letter begins by setting out that there is a heightened risk of antisemitic conduct in the UK at the present time – citing past experience of vandalism of Jewish business and physical abuse directed at Jews. She then goes on to highlight that UK law prohibits being a member of Hamas – a proscribed terrorist organisation in the UK – or to invite support for the group.

However, in an astonishing series of set of arguments, Braverman goes on to suggest that displaying Palestinian flags or using certain chants on demonstrations could be considered a criminal offence.

Braverman wrote: “Of course, it is not just explicit pro-Hamas symbols and chants that are cause for concern. I would encourage police to consider whether chants such as “From the river to the sea, Palestine will be free” should be understood as an expression of a violent desire to see Israel erased from the world, and whether its use in certain contexts may amount to a racially aggravated section 5 public order offence.”

She went on to add: “Context is crucial. Behaviours that are legitimate in some circumstances, for example the waving of a Palestinian flag, may not be legitimate such as when intended to glorify acts of terrorism.”

Braverman’s letter has faced extensive criticism. Shami Chakrabarti – a Labour peer and former director of human rights group Liberty – said: “Police chiefs know their powers and duties. Anxious and vulnerable minority communities are not made safer by the politicisation of policing in difficult and dangerous times.”

The barrister Adam Wagner also criticised the letter, writing on Twitter/X: “”From the river to the sea” is an ambiguous phrase – it is hotly contested what it means and quite obviously people reasonably disagree about this. In those circumstances, it’s hard to see how an offence could be committed by chanting it.

“And then there are the supporting/glorifying terrorism offences, which include reckless support/glorification. I can’t see how anything but explicit support for Hamas and its actions could be an offence. Waving a Palestinian flag or chanting “from the river to the sea” isn’t that. There would have to be more – e.g. an explicit link to Hamas. Even the recklessness element wouldn’t extend (I doubt anyway) to the waving of a flag or chanting an ambiguous phrase.”

Ben Jamal, director of Palestine Solidarity Campaign (PSC), told Left Foot Forward that Braverman’s letter was “deeply concerning”, “threatening to civil liberties”, and “likely to further normalise a dehumanising of Palestinians”.

Jamal said: “Home Secretary Suella Braverman’s instruction to Chief Constables to consider whether the waving of a Palestinian flag is legitimate as it may indicate support for terrorism, is deeply concerning, threatening to civil liberties and likely to further normalise a dehumanising of Palestinians that is currently widespread in political discourse.

“A police force enacting this instruction denies the right of Palestinians to fly a flag which is the symbol both of their nationhood and struggle for liberation from Israel’s system of oppression. It is also an assault on the basic right of British citizens to show solidarity for the Palestinian people’s legitimate desire to have their rights realised, including the fundamental right of self-determination.

“PSC will be leading a march in London on Saturday calling for an end to violence in the region by dealing with the root causes of violence, which requires the international community to hold Israel to account for its decades-long imposition of an illegal military occupation and system of apartheid. We will be inviting people to fly the flag of Palestine in support of those principles.”

Chris Jarvis is head of strategy and development at Left Foot Forward

Image credit: Brandon Hattiloney / Number 10 Downing Street – Creative Commons