Several Student Unions are likely to be in breach of charity law by their affiliation with pro-Palestine groups who have backed the organization “Palestine Action” and encouraged its illegal actions.

65 Student groups, some of whom are affiliated with Student Unions, have signed up to a statement saying that they stand in “unwavering solidarity with the Palestine Actionists who have taken action against Elbit Systems, Israel’s largest weapons manufacturer.”

credit: Palestine Action

UK Lawyers for Israel (UKLFI) has written to 20 Student Unions, affiliated with groups who have signed the statement, pointing out that they are acting illegally by helping the groups who back Palestine Action. UKLFI has explained that it is a breach of the charitable purpose of the Student Union to provide these groups with student union facilities and possibly funding.

All the student unions have charitable purposes which limit their activities to promoting the education and welfare of students at the university. Being affiliated with and assisting an organisation that encourages and promotes illegal activities is not an activity that promotes the education or welfare of students and would therefore be outside the  charitable objects of the Student Union, and not allowed.

The student groups involved are affiliated with Student Unions at Universities including Manchester, Dundee, Strathclyde, Brunel, Imperial College, Birkbeck, Swansea, Kings College London, Essex, and SOAS.

The statement, published on Instagram, refers to the criminal damage of factories  as “crucial work” and says that they will “stand in the way of anyone seeking to halt their fast-spreading success.”

Many of Palestine Action’s supporters have been arrested and imprisoned for criminal damage, and a number are being investigated for acts of terrorism. Palestine Action aligns itself with the core beliefs of Hamas, a proscribed terrorist organisation. It has been described in a report by Lord Walney, as “a Far Left, anarchist, anti-Israel activist group founded in 2020 that engages in law breaking and business disruption in order to “take direct action against Israel’s arms trade in Britain” and, more broadly, to “end Israeli apartheid””.

In its campaigns, Palestine Action has used illegal occupation of premises and destruction of property and vandalism.  Their actions include destroying property at Elbit factories, spraying red paint and smashing windows of Government buildings and Barclays Banks across the UK.

The statement signed by the students encourages further similar offences by Palestine Action, describing them as “bravery, forward thinking and self-sacrifice…”

It is a breach of Section 45 of the Serious Crime Act 2007 if someone  (a) does an act capable of encouraging or assisting the commission of an offence; and

(b)he believes—

(i)that the offence will be committed; and

(ii)that his act will encourage or assist its commission.”

Although freedom of speech should form part of students’ unions activities in carrying out their educational charitable purposes, it has been agreed by the Charity Commission that “freedom of speech is not absolute” and must be within the limits of the law.

UKLFI wrote to the Student Unions in late November / early December but most have failed to respond substantively.

Caroline Turner, UKLFI director, commented “If student unions are facilitating criminal actions by their student groups, then this is a serious matter.  While we are in favour of freedom of speech within the law, encouraging and assisting serious criminal damage goes way beyond this. We hope the student unions in question will either rein in the actions of these student groups, or cease their affiliation with them.”