Mr. Minister of Justice, Ministry of Justice, 13 Place Vendôme, 75042 Paris Cedex 01, January 28, 2026, Paris, Mr. Minister of Justice, The French Association of Jurists for the Respect of International Law (JURDI) is contacting you to alert you to the increasing number of public statements in France that aim to present in a favorable light the crimes committed by the Israeli army, Israeli leaders, and Israeli settlers in the Gaza Strip and the West Bank. When these statements go beyond the expression of an opinion and amount to justifying or glorifying crimes, they fall under the purview of criminal prosecution. Their proliferation, without a clear reminder of the applicable legal framework, is likely to undermine the coherence of public action and the principle of equality before the law.
To date, there is no circular from the Ministry of Justice to guide the response criminal liability for these extremely serious remarks, which could lead to criminal prosecution. their authors.
Indeed, on October 10, 2023, your predecessor, Mr. Dupond-Moretti, sent magistrates a circular relating to the fight against offences likely to be committed in connection with the terrorist attacks suffered by Israel since October 7, 2023.
This circular notes that "« The occurrence of these events is particularly likely to generate a resurgence of anti-Semitic offenses, whether they involve attacks on integrity physical attacks on people from the Jewish community, damage to places of worship or further statements that could be classified as glorifying terrorism or direct incitement to acts of terrorism as defined by article 421-2-5 of the Penal Code. » CRIM 2023 – 17 / E1 – 10/20/2023
She adds that« the public making of statements praising the aforementioned attacks, by presenting them such as legitimate resistance to Israel, or the public dissemination of messages encouraging the wearing a favorable judgment on Hamas or Islamic Jihad, because of the attacks they have Organized activities will therefore be subject to prosecution. »"for advocating terrorism.".
However, this circular remains silent on other types of statements concerning the Israeli-Palestinian situation after October 7, 2023, that could constitute criminal offenses. Indeed, it provides no guidance regarding the prosecution of those who make statements praising international crimes (war crimes, crimes against humanity, genocide) or ordinary crimes (murder, torture, acts of barbarity, theft, destruction of property, etc.) committed by the Israeli army, Israeli leaders, or Israeli settlers in the Gaza Strip or the West Bank.
Gold, serious, consistent and documented evidence from jurisdictions and mechanisms international standards establish at least a serious risk of crimes being committed internationals. As of January 26, 2024, the International Court of Justice, in the context of the case Implementation of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa vs. Israel), issued an order stating that there is a plausible risk of genocide committed by the State of Israel against the Palestinian population in the Gaza Strip.
Furthermore, on November 21, 2024, the International Criminal Court issued arrest warrants for Mr. Netanyahu, the Israeli Prime Minister, and Mr. Yoav Gallant, the former Israeli Defense Minister, on charges of war crimes and crimes against humanity committed in the Gaza Strip. The existence of these crimes has since been extensively documented by numerous international reports from NGOs and United Nations experts.
Furthermore, in its advisory opinion of 19 July 2024, the International Court of Justice issued an opinion concerning Legal consequences of Israel's policies and practices in the Occupied Palestinian Territory. The Court highlighted systemic violations of international humanitarian law committed by the State of Israel, particularly related to the occupation, colonization of the occupied Palestinian territory and the annexation of large portions of that territory.
She described Israeli policies and practices towards the Palestinian population that are illegal under international humanitarian law (confiscation or requisition of Palestinian land, exploitation of Palestinian natural resources, extension of Israeli legislation to the Palestinian population and of Israeli civil legislation to the Occupied Palestinian Territory, forced displacement of the Palestinian population, violence by Israeli settlers and military against Palestinians, denial of residence permits to Palestinians in East Jerusalem, restrictions on freedom of movement, demolition of real estate) and characteristics of racial segregation measures.
In France, the opening on May 22, 2025, of a judicial investigation for complicity in genocide targeting people involved in blocking humanitarian aid to the Gaza Strip demonstrates that these criminal qualifications are fully operative in the domestic legal order. .
It follows that many statements related to the commission of these crimes are likely to be classified as misdemeanors or even felonies in France. This is particularly true of the crime of inciting genocide, which is punishable either as a separate offense (Article 211-2 of the Penal Code) or as an accessory (Article 121-7 of the Penal Code), exposing the perpetrator to sentences that can include life imprisonment.
Certain offenses of expression stipulated by the Law of July 29, 1881, on the Freedom of the Press may also be committed. As a reminder, Article 24 of this law punishes with five years' imprisonment and a fine of €45,000 those who have glorified, among other things, war crimes, crimes against humanity, intentional attacks on life or physical integrity, sexual assault, theft, extortion, and destruction of property. It adds that this repression must take place "« including if these crimes did not result in a conviction of their authors. »"As a result, all those who make statements inciting a favorable judgment or justifying the crimes committed by the Israeli army, Israeli leaders or Israeli settlers in the Gaza Strip or the West Bank are liable to criminal prosecution.
The same article stipulates that those who« will have incited discrimination, hatred or violence against a person or group of people because of their origin of their membership or non-membership in an ethnic group, nation, race or Those who adhere to a specific religion will be punished with one year of imprisonment and a fine of 45,000 euros. »The penalty is increased to three years' imprisonment and a €75,000 fine if the remarks are made by a person holding public authority or entrusted with a public service mission, in the course of or in connection with the performance of their duties or mission. Therefore, anyone who incites discrimination or hatred against Palestinians in general, or Palestinians in particular, for example by associating them with terrorist activities solely because of their nationality or origin, is liable to criminal prosecution.
The easily observable resurgence of such remarks in public debate should prompt judicial actors, and particularly judges, to exercise the utmost vigilance. In this context,
The dissemination of a circular appears necessary in order to ensure unity and consistency of
criminal policy across the entire territory. It would also serve as a reminder, in a context of high political and media sensitivity, that the repression of the glorification of international crimes stems from a strictly legal requirement, independent of any diplomatic or ideological considerations, and is part of France's respect for its international obligations.
Such clarification would thus contribute to strengthening the clarity of legal proceedings, to to preserve the authority of the institution and to guarantee equality for all before criminal law.
Therefore, we respectfully request that you distribute a circular to the magistrates of the public prosecutor's office, for allocation, and to the bench, for information, recalling all the criminal qualifications that may apply to statements justifying or praising crimes committed in the Gaza Strip and the West Bank, and inviting them to increased vigilance in their prosecution.
Please accept, Mr. Minister of Justice, the expression of our highest consideration.
Patrick ZAHND, President of JURDI
View the full document