Is the French judiciary against Palestine?

The French judiciary's approach to the Palestinian cause is undergoing a "troubling evolution," according to an analysis of recent court decisions. A recent ruling saw a man fined €17,000 ($19,500) by the Court of Appeal of Aix-en-Provence for remarks that linked Palestinian resistance to terrorism.

This case follows another significant decision in March 2024, where the Criminal Chamber of the Court of Cassation, France's highest court, upheld the conviction of Mohamed Makni. Makni, a businessman and deputy mayor of Echirolles, was penalized for quoting former Tunisian Foreign Minister Ahmed Ounaies. Ounaies' statement described actions under occupation as "a clear act of resistance," a perspective Makni cited.

Makni received a four-month suspended prison sentence and was barred from public office for four months. The author contends that this conviction, upheld by the Court of Cassation, marks a significant shift. For the first time since October 7, 2023, France's highest court has directly engaged in the political and legal debate over classifying Palestinian resistance, seemingly departing from international law's affirmation of the right to resist occupation.

The article suggests that French courts are not only influenced by the government but that the government itself may be subject to foreign influence. The author posits that the charge of "glorifying terrorism," initially intended to combat groups like the Islamic State, is now being used to police discourse that refuses to separate the events of October 7 from the broader context of occupation and resistance.

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They are quick to qualify as terrorism what in our eyes is a clear act of resistance.