France’s National Court of Asylum has ruled that Palestinians from Gaza may now claim refugee status due to “the risk of persecution by the Israeli armed forces.” The unprecedented move, made under the 1951 Geneva Convention, extends refugee protections to Gaza nationals not covered by the UN, citing warfare methods used by Israel after the collapse of a ceasefire in March 2025.
The case involved a Gazan woman and her son who were escorted to France with consular passes issued by the French Embassy in Cairo. French authorities granted them protection on the grounds of “indiscriminate violence of exceptional intensity,” with CNDA asserting they faced “personal persecution” by Israel due to their “nationality.”
The ruling relies heavily on dubious and, in some cases, openly biased UN reports and redefines Israel’s counter-terrorism operations as persecution under international law. CNDA stated Israel’s actions “directly and indiscriminately affect the entire civilian population of Gaza” and are “sufficiently serious [to be considered] as acts of persecution.”
Despite France not recognizing a Palestinian state, the court found that the Gaza-based applicants met the Convention’s criteria of a persecuted nationality. The decision paves a legal pathway for more Gazans to enter Europe under the banner of refugee status.
Maya Lino, attorney for the applicants, admitted, “The scope in fact is very limited because there are few exits from Gaza, but in law, it is important.”
