European court rules against France in Israel boycott activist case

France’s highest appeals’ court in 2015 upheld rulings that convicted campaigners on the basis of inciting racism and anti-Semitism.

The building of the European Court of Human Rights is seen ahead of the start of a hearing concerning Ukraine's lawsuit against Russia regarding human rights violations in Crimea, in Strasbourg, France, September 11, 2019 (photo credit: REUTERS/VINCENT KESSLER)
The building of the European Court of Human Rights is seen ahead of the start of a hearing concerning Ukraine's lawsuit against Russia regarding human rights violations in Crimea, in Strasbourg, France, September 11, 2019
(photo credit: REUTERS/VINCENT KESSLER)
The European Human Rights Court (EHCR) ruled on Thursday that a French criminal conviction against activists involved in a campaign to boycott products imported from Israel had no sufficient grounds and violated their freedom of expression.
France’s highest appeals’ court in 2015 upheld rulings that convicted campaigners on the basis of inciting racism and anti-Semitism.
Twelve people, who were part of the Boycott, Divestment and Sanctions (BDS) movement, were sentenced over the distribution of leaflets in supermarkets in eastern France and wearing T-shirts in 2009 and 2010 calling for the boycott of Israeli goods.
Their legal team argued that the call for a boycott was a fundamental principle of freedom of expression.
The EHCR said there was little scope in European conventions for restrictions on political speech and that its very nature was to be controversial and virulent as long as it did not cross the line and call for violence, hatred or intolerance.
“The Court considered that the applicants’ conviction had lacked any relevant or sufficient grounds,” the ruling said.
France was ordered to pay 27,380 euros ($31,150) to each campaigner.
Israel has said the BDS movement, sponsored by pro-Palestinian intellectuals and bloggers, is motivated by antisemitism and a desire to paint Israel as illegitimate.