ECtHR Unanimously Rules to Uphold Right to Call For a Boycott of Israel

In 2009, eleven activists – members of the Collectif Palestine 68 – were charged with incitement to discrimination for distributing Boycott, Divestment, Sanctions (BDS) leaflets and levied a fine of €1,000 and €7,000 in damages. The European Court of Human Rights (ECtHR) held that “the applicants’ conviction lacked any relevant or sufficient grounds. It was not convinced that the domestic court had applied rules in keeping with the principles set out in Article 10 or had conducted an appropriate assessment of the facts.” 

The court held that this should be differentiated from Willhem v France, as Mr Willhem was exercising his mayoral powers when he asked catering services to boycott Israeli products, while the activists in this case were ordinary citizens and influence on consumers was not comparable. 

IMPLICATIONS FOR EU COUNTRIES

In a recent press release, Marco Perolini, France Researcher for Amnesty International, said the decision “sets a significant precedent that should stop the misuse of anti-discrimination laws to target activists campaigning against human rights violations perpetrated by Israel against Palestinians.” He believes that peaceful activists in France have been targeted and criminalised for expressing their views. He went on to say that this “should send a clear message to all European states that they must stop the prosecution of peaceful activists”.  

This could have major implications, particularly in Germany, where many pro-BDS activists have been prosecuted. In January 2018, the German parliament equated the BDS movement with anti-Semitism. Frankfurt’s mayor, Uwe Becker, passed legislation banning funding to BDS individuals, saying they were using "the same language that the Nazis used in the darkest chapter of German history". The ECtHR’s decision could limit restrictions on pro-BDS activists and protect their right to peacefully protest Israel.

INCREASE IN FRENCH HATE CRIMES?

BDS spokesperson Rita Ahmed also commented on the decision. “At Israel’s behest, European governments, especially in France and Germany, have fostered an ominous environment of bullying and repression to silence Palestine solidarity activists,” said Ms Ahmed. Many activists feel that this decision finally allows them to express their views peacefully without the lingering fear of prosecution. 

However, Francis Kalifat, president of CRIF, the umbrella organization representing the Jewish community in France, criticised the decision and raised concerns that decision could lead to an uptick in anti-Semitic hate crimes. French Jews make up less than 1% of the country, with many joining a wave of emigration to Israel in recent years. According to data from the Jewish Academy, a third have emigrated in the last 10 years. Following a string of attacks against Jews in France, Prime Minister Edouard Philippe admitted that anti-Semitism is “deeply rooted in French society”. 

NEXT STEPS

This ECtHR decision coincides with Israeli plans to annex the West Bank, slated to begin in July 2020. The West Bank is considered occupied territory under international law, making annexation illegal. Luxembourg's Foreign Minister, Jean Asselborn, says that this would be equivalent to “stealing”. He suggests that economic sanctions are needed, and if those fail, he believes it would lead to the recognition of Palestine. In an interview on the issue, he said, “I would even consider it inevitable".


Athena is currently an LLB student at the University of Leeds. She has a keen interest in International Law and Justice and Cyber Rights. She believes in being the change you want to see in the world and aspires to raise awareness about human rights issues worldwide. 

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