A demonstration by the "BDS France" movement calling on the French government to boycott Israel (Al Jazeera)

Paris -

 The Paris Court of Appeal confirmed that the call to boycott products imported from Israel is part of freedom of political expression.

Accordingly, the court ruled that boycotting Israeli products is “legal,” and that calling for it constitutes the main goal of establishing the “Boycott and Divestment Sanctions: Boycott of the State of Israel as an Occupier and Colonizer” (BDS France) campaign.

This comes as a continuation and recognition of the ruling issued by the European Court of Human Rights on June 11, 2020, based on Article 10 of the European Convention on Human Rights. The Court of Cassation also recognized this six months ago when it decided to refer the case to the Paris Court of Appeal.

11 activists were convicted of incitement to economic discrimination against individuals because of their affiliation to a country, which prompted them to contact the European Court to challenge their conviction by French courts following the movements calling for a boycott that were carried out on the outskirts of the city of Mulhouse in 2009 and 2010.

The head of the Euro-Palestine organization, Olivia Zemmour, said that the court’s decision does not satisfy the Zionist lobby (Al Jazeera)

No other choice

Commenting on this historic and final ruling, the head of the Euro-Palestine Association, Olivia Zemmour, said that the result of the European Court “would have erased the criminal records of those convicted, but the Court of Cassation wanted to please the Israeli lobby by transferring the case to the Parisian Court of Appeal to finally confirm the decision.” The first European.

Zemmour confirmed in her interview with Al Jazeera Net that "France did not have any other choice because the European Convention on Human Rights has precedence to impose all national legislation of European countries, and it does not have a law that prevents a boycott of Israel or the products it exports."

The president of the association, two of whose members participated in the campaign, added that "the court's decision does not satisfy the Zionist lobby." Regarding the boycott, which represents a very important issue for Israel and its lobby groups in various countries, she sees the court’s decision as “a legal confirmation in our favor.”

For her part, lawyer Dominique Couchan described the appeal decision as an “epic end” that began 15 years ago at the hands of the European Court, likening - in an interview with Al Jazeera Net - the boycott movement to presenting a television program, as she said, “TV programs are legal, but you should not incite discrimination.” To avoid falling into the trap of sanctions.

Decision conditions

Attorney Kochan, who handled the cases of some activists who were tried in lawsuits filed by pro-Israel agencies against the boycott, stressed that “Israel supporters can no longer say that the boycott is illegal, but activists who want to participate in a new campaign should not make any statements.” Racist or anti-Semitic so that it will not be used against them in the future.”

This was confirmed by international law expert Abdel Majeed Marari: “If the boycotters use speeches or slogans that French law considers racist or anti-Semitic, the law will be applied accordingly.”

He continued, speaking to Al Jazeera Net, that "if the movement is linked to a boycott of products coming from the occupied Palestinian territories and exploited by the Israeli occupation, it will be considered an economic boycott and a legitimate and legal position."

Marari, director of the Middle East and North Africa department at AFDI, believes that the timing of issuing this decision is primarily in the interest of the Palestinian cause after the European Court - the highest judicial body in Europe - played the role that the Court of Cassation usually plays.

Abdul Majeed Marari believes that the timing of issuing the decision is in the interest of the Palestinian cause (Al Jazeera)

European jurisprudence

Lawyer Kochan considered that "the aim of the decision is to overturn the conviction that was unfairly issued against the people who carried out the boycott procedures, and thus the Court of Appeal complied with the decision of the European Supreme Court, which means that it can be applied to all European countries without exception."

The judicial process for this type of file in France is very long, because it includes in-depth investigations and is treated as a political file more than a judicial file.

Marari explains this by saying that the Public Prosecution puts some files in storage for use in some critical times. “For example, this file was moved again when the war between Palestine and Israel intensified in 2014, which proves that the French state always uses this card against supporters of the Palestinian cause.” ".

Marari added that this decision will contribute to dropping all prosecutions and other files related to the boycott of Israeli products, including the issue of arresting activists in 2021 after they carried out a boycott campaign in a Carrefour store in the suburbs of Paris.

The international law expert believes that the importance of the decision lies in restoring confidence in the French and European judiciary in general, as well as establishing judicial jurisprudence that can be relied upon in light of the presence of a legislative vacuum related to the boycott. “Today, we have a legal rule that stipulates that the boycott falls within freedom of opinion and expression.” ".

Condemnation of France

Four years ago, the Strasbourg Court unanimously ruled that France had violated Article 10 of the European Convention on Human Rights, recalling that this article “leaves no room for restrictions on freedom of expression in the field of political speech or matters of public interest, unless they turn into a call for violence or hatred.” Or fanaticism.”

The judges were keen to cite the UN Special Rapporteur on Freedom of Religion or Belief, who noted that “in international law, boycott is a legitimate form of political expression, and that peaceful demonstrations in support of boycott generally fall within the scope of legitimate freedom of expression that must be protected.”

In the text of the European Court's decision, France was convicted and ordered to pay 380 euros in compensation for material damages, 7 thousand euros in compensation for moral damage to each of the applicants, as well as 20 thousand euros for costs and expenses.

Thus, Olivia Zemmour believes that the legal victory was already achieved when France was forced to pay compensation amounting to 100 thousand euros to the activists after their acquittal.

While Marari explained, “After proving that France violated the most important principle of the European Convention, it became possible for the convicts to demand the implementation of financial compensation in a separate procedure.” He pointed out that the French Republicans had previously wanted to present a draft law to criminalize the boycott of Israeli products, and they also tried after October 7 to criminalize the word "Zionism" and include it in anti-Semitism and prevent describing Israel as an "occupier."

Source: Al Jazeera