UK home secretary tells  police that waving Palestinian flag may be criminal offence

The Home Secretary said flying a Palestinian flag ‘may not be legitimate’ if it is deemed to be supporting terrorism. Picture: Jordan Pettitt/PA

Waving a Palestinian flag or singing a chant advocating freedom for Arabs in the region may be a criminal offence, UK home secretary Suella Braverman has told senior police officers.

In a letter to chief constables in England and Wales, the she urged them to clamp down on any attempts to use flags, songs or swastikas to harass or intimidate members of the Jewish community.

Her words, which follow deadly attacks by Hamas on Israelis and a military response, will deeply concern freedom of speech advocates and members of the Muslim community.

In the letter, Braverman said police should not restrict themselves to potential offences related to the promotion of Hamas, a proscribed organisation.

“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.

“I would encourage police to give similar consideration to the presence of symbols such as swastikas at anti-Israel demonstrations. 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.

“Nor is it acceptable to drive through Jewish neighbourhoods, or single out Jewish members of the public, to aggressively chant or wave pro-Palestinian symbols at. Where harassment is identified, I would encourage the police to take swift and appropriate enforcement action.

UK home secretary Suella Braverman is accompanied by Metropolitan Police Chief Inspector Rob Gibbs and Lynne Owens, Deputy Commissioner of the Metropolitan Police Service, as they walk along Golder Green Road after visiting the Community Security Trust in London. Picture: Yui Mok/PA Wire

“I encourage all chief officers to ensure that any protests which could exacerbate community tensions by way of offensive placards, chants, or behaviours that could be construed as incitement or harassment, have a strong police presence to ensure perpetrators are appropriately dealt with, and that communities feel protected,” she wrote. Home Office sources confirmed her words had been approved by government lawyers.

Decisions on arrests are an operational matter for the police, Braverman wrote. “However, I would urge you to ensure your forces use all available powers to prevent disorder and distress to our communities, and that your officers will act if there are any incidents that stray into criminality,” she said.

The human rights barrister Shami Chakrabarti said “[that] the letter had been so readily press-released suggests that the intervention is at best virtue signalling and at worst seeking to compromise operational independence”, adding: “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.” Braverman’s letter was sent after Rishi Sunak vowed that anyone in the UK supporting Hamas would be “held to account” in the aftermath of the attack on Israel.

The British prime minister said his government was ready to support any British citizens in need of help, during a visit in Staffordshire on Tuesday.

Sunak confirmed his support for Israel, saying he stood in solidarity with the state and its people “in the face of these barbaric acts of terrorism”.

- The Guardian