For the first time, all Palestinians residing in the Gaza Strip can apply for asylum in France, according to a recent court ruling.
This decision comes after Palestinian mothers sought asylum, claiming persecution linked to Hamas, which has been categorized as a serious threat during the recent attacks on Israel on October 7th. The French National Court of Inspection (CNDA) agreed that the Israeli Defense Forces’ actions in Gaza were significant enough to be seen as persecution.
The ruling reversed a prior denial from the French Office for the Protection of Refugees and Stateless Persons (OFPRA) from November, which stated that Palestinian women did not face persecution and could only receive “additive protection.”
This case has led the CNDA to assert that all Palestinians in Gaza qualify for asylum in France. The court referenced the Geneva Convention, which protects those facing “persecution based on race, religion, nationality, membership of a particular social group, or political opinion.”
Specifically, the court pointed to persecution based on “nationality” that Palestinians in Gaza encounter, despite the fact that France, like many other nations, does not officially recognize Palestine as a country.
The judge mentioned that the characteristics of “nationality” apply to this situation. According to international treaty definitions, nationality is linked to cultural, ethnic, or linguistic identity, as well as geographical or political origin.
This ruling is unprecedented in labeling such “persecution” of Palestinians. However, experts note that it may only affect about 20% of Gaza’s population since 80% are already recognized as refugees by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
Left-wing organizations like Amnesty International praised the ruling, while others raised concerns about increasing the number of Palestinians in France. For instance, former anti-Islamist activist and women’s rights advocate Henda Ayali expressed apprehension, stating that France is already facing community tensions yet is choosing to welcome refugees from Gaza, whereas over 30 Muslim nations have refused to do so.
She raised a valid point about the context, noting that Hamas’s ideology is prevalent in the region and that some individuals celebrated the October 7th attacks. Ayali questioned whether it’s realistic to think that all newcomers would be “innocent victims.”
