French scholar acquitted of ‘apology for terrorism' charges after Palestine tweets
Francois Burgat, a renowned French specialist on the Palestinian-Israeli conflict and political Islam, was acquitted on Wednesday by the criminal court of Aix-en-Provence, in southeastern France, where he was prosecuted on charges of 'apology for terrorism' for messages posted on social media.
The prosecution accused the former research director at the National Centre for Scientific Research and former director of the French Institute for the Near East, now retired, of a series of controversial social media posts concerning Hamas and Israel's war on Gaza.
During the trial in April, the prosecutor asked for an eight-month suspended prison sentence, a $4,500 fine, a six-month ban from social media and a two-year ineligibility period against Burgat.
Speaking to Middle East Eye, Burgat praised a "wise lucidity from the court", but expected the prosecution to appeal.
"Let's hope that this wisdom, which several dozen of my compatriots convicted without any justification in the same type of case have not benefited from, will henceforth become the guiding principle of the French judicial system," he said.
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The case began with a post the scholar published on X (formerly Twitter) on 2 January 2024, where he shared a statement by Hamas following the publication of a New York Times investigation into sexual violence allegedly committed by the Palestinian group during its 7 October attacks in Israel.
In the statement, Hamas rejected the accusations and denounced a "Zionist attempt to demonise the [Palestinian] resistance".
'Let's hope that this wisdom... will henceforth become the guiding principle of the French judicial system'
- Francois Burgat
"Our fighters are fighters for freedom and dignity and cannot commit such shameful acts," Hamas said in the statement shared by Burgat.
In response to internet users who condemned his post, the former academic wrote that he had "infinitely more respect and consideration for the leaders of Hamas than for those of the state of Israel".
He then posted a page from one of his books explaining "the context in which [his] respect and admiration for Hamas asserted themselves".
In an interview that week, he also declared: "Just because I have to acknowledge that there was a terrorist movement on 7 October doesn't mean I have to criminalise the Palestinian liberation movement."
For these comments, a complaint was filed by the European Jewish Organisation, a group founded in 2014 that has taken several legal actions for "apology for terrorism" in the name of fighting antisemitism and anti-Zionism.
'Apology for terrorism' row in France shows silencing of debate about Palestine Read More »
In July 2024, Burgat was placed in police custody for seven hours following a report from the DGSI, the main French domestic intelligence service.
A new charge was added in December 2024 after Burgat defended two individuals who were accused of launching a hate campaign that led to the killing of teacher Samuel Paty in October 2020 and convicted of complicity in terrorist assassination.
Burgat wrote at the time that France had "fallen outside the rule of law" and criticised the ruling as meaning that "we are all 'terrorists'."
During his trial in April, when asked by the judge whether he thought "Hamas is a terrorist movement", the scholar replied that he had "never congratulated' the group for the 7 October attacks.
'On that day, [Hamas] committed acts that can be labelled terrorist; but we must not extrapolate to its entire history," he said.
'Repressive climate'
Burgat said on Thursday morning he had asked ChatGPT if he had any chance of being convicted for "apology for terrorism".
The artificial intelligence programme responded: "Your comments, however critical or provocative they may appear in the public debate, generally fall within the scope of political and geopolitical analysis, which is protected by freedom of expression and research."
ChatGPT concluded that "a conviction is not likely, either legally or constitutionally," but offered a warning: "However: The current political context (polarised around Islam, the Israeli-Palestinian conflict or secularism) can lead to manipulation or abusive prosecution, including against intellectuals."
As an increasing number of people are being prosecuted worldwide for expressing their solidarity with Palestinians, Burgat's defence team denounced the prosecution as an attack on freedom of expression and the political manipulation of the justice system.
"There are two offences that are systematically charged against those who express their solidarity with Palestine: either incitement to hatred or apology for terrorism," Rafik Chekkat, one of Burgat's lawyers, said.
French teacher suspended over minute's silence tribute to Palestinians in Gaza Read More »
In a message posted on X, Chekkat expressed hopes that "this acquittal will lead to others".
"I hope the decision regarding Francois Burgat will help change the repressive climate regarding Palestine and slow the pace of prosecutions for apology for terrorism," he said.
Since October 2023, there has been a marked rise in the use of the "apology for terrorism" offence in France, with authorities launching hundreds of investigations into comments made about the war in Gaza, including by political figures such as left-wing France Unbowed (LFI) MP Mathilde Panot and future MEP Rima Hassan.
Jean-Paul Delescaut, leader of the General Confederation of Labour union, was handed a suspended one-year jail sentence for writing in response to the attacks: 'The horrors of illegal occupations… are receiving the responses they provoked.'
On 18 June, Anasse Kazib, a railway worker and spokesperson for the Trotskyist political group Revolution Permanente, will also be tried for "apology for terrorism".
On X, Kazib posted: "Very happy for Francois Burgat, this is important news in the fight against the criminalisation of supporters of the Palestinian people. I hope that we will all be released tomorrow like François Burgat and that the repression against those who speak out against the genocide will cease."
Burgat's acquittal comes as France has adopted a much more critical stance towards Israel in recent weeks, with President Emmanuel Macron lobbying European powers to recognise Palestinian statehood at a UN conference next month and a growing number of public personalities using the term "genocide" to describe Israeli actions in Gaza.
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