On July 11, France’s National Court of Asylum (CNDA) ruled that all Palestinians in Gaza are eligible for asylum, citing persecution by Israeli military actions under the 1951 Geneva Convention.
The decision followed an appeal for international protection by a Palestinian woman and her son, who fled Gaza after Israel started bombing the Palestinian enclave following the October 7, 2023, Hamas cross-border operation.
The mother and son duo were initially denied asylum by the French Office for the Protection of Refugees and Stateless Persons.
That decision was overturned by the CNDA, which granted them full refugee status due to the “indiscriminate warfare” and humanitarian crisis in Gaza, affecting all Palestinians based on nationality.
Despite the sweeping nature of the ruling, legal analysts note that its practical impact may be limited, as approximately 80 percent of the Gaza population is already registered as refugees with the United Nations Relief and Works Agency (UNRWA). These individuals are already eligible for international protection, including in France.
The court’s decision is expected to directly affect the remaining 20 percent of Gaza’s population, which was not previously covered by the existing refugee designation.
Rights groups, advocates welcome ruling
Amnesty International and other rights groups and individuals lauded the ruling as a critical step in upholding international humanitarian standards and providing refuge to civilians caught in a devastating war zone.
Amnesty International France welcomed the court’s latest ruling, calling it “historic for the rights of Palestinians”.
“This decision opens the door for broader recognition of refugee status for Gazans fleeing Israeli persecution,” Amnesty said.
By characterising Israeli military actions as “acts of persecution” against the Palestinian population, the CNDA acknowledged they were “not acts of self-defence but systematic attacks targeting, destroying and killing civilians,” the rights group said.
Campaigners said the move "had a limited impact" but remained "symbolic" nonetheless.
Democratic New York City mayoral nominee Zohran Mamdani hailed the decision as well.
One social media user opined that this makes France stand out and shows true compassion.
Another social media page referred to the ruling as a glimmer of hope and a “powerful recognition of the unbearable conditions Palestinians face under siege.”
Europe can’t look away
Palestinians seeking asylum in Europe have long faced significant obstacles, with many countries reluctant to grant refugee status due to the assumption that UNRWA provides sufficient protection.
However, recent rulings, including a 2024 European Court of Justice decision, affirmed Palestinians’ right to asylum when UNRWA assistance is inadequate.
These developments underscore the ongoing humanitarian crisis and Europe’s responsibility, rooted in its colonial history and geopolitical role, to address the needs of Palestinian refugees.
The issue is not created by Arab or Muslim countries but remains a complex European legacy demanding urgent attention.
Far-right blowback
While pro-Palestinian activists praised the ruling, it sparked backlash from far-right figures, such as Marine Le Pen, who called it "pure madness" to allow Palestinians to seek asylum in France, arguing it weakens France’s societal balance and risks uncontrolled immigration.
Eric Zemmour, leader of the extreme right-wing Reconquete party, warned of “millions of Muslims” entering, claiming the decision bypasses democratic control.
Eric Ciotti, president of the Union of the Right for the Republic, a far-right political party in France, called the ruling a “security and migratory madness.”
First of its kind
Previously, only Palestinians covered by UNRWA’s mandate could be considered for refugee status in France under specific conditions.
This decision marks the first time Palestinians outside that UN framework have been granted such status, setting a precedent.
This ruling comes amid French President Emmanuel Macron’s recent stance on the war in Gaza, where he has called for a ceasefire, condemned Israeli strikes on civilians, and advocated for the recognition of a Palestinian state.
While the CNDA is an independent judicial body, the political fallout reflects growing tensions in France over immigration, national identity, and Middle East policy.
As the war in Gaza grinds on, this landmark asylum decision may become a defining flashpoint in the country’s broader cultural and political battles.
