Contenu du sommaire : Le droit et l'usage de la force armée

The colloquium on law and the armed forces, organised by the DAJ (Direction des Affaires Juridiques—the Legal affairs directorate), is the occasion to seek out new lines of thinking about our operations. For twenty years, the DAJ has made a major contribution to our forces and has also enabled France to remain a first-rate player.

The relationship between the law and the armed forces is a source of permanent scrutiny, engendering different approaches depending on the sensitivities encountered. It is therefore important to analyse the relationship between the judge and the soldier—especially when the action is a function of war.

Military action is complex, the law finely nuanced and democracy demanding. We need therefore to develop a permanent and more rigorous dialogue that avoids being deceived by errors in perception and procedures that damage the effectiveness of the armed forces.

Military personnel are not ordinary working people whose actions can be seen in simple terms and which have to obey common law. Recent legal developments now allow better consideration of the demands of military commitment whilst at the same time continuing to respect the broad principles of the law.

The classification ‘secret-defence' is an important part of guaranteeing the nation's security. It is governed by necessarily strict rules that are clearly defined. That said, better sharing of information between the executive and legislative powers would ease mutual comprehension of major issues and aid maintenance of national sovereignty.

Over the years, International Humanitarian Law (IHL) has continued to be refined and developed. Ensuring respect for IHL is a constant battle that concerns all the parties involved. There is much room for further progress, particularly among non-state actors and to take into account the treatment of prisoners.

International-level economic sanctions have complex legal dimensions and highlight European weakness in comparison with the United States. There is a need to strengthen the European legal arsenal if we are to respond better to extra-territorial matters.

The defence economy has its own peculiarities which are not necessarily compatible with the laws that govern competition. We therefore need to have an industrial policy that allows Europe to project its strategic independence into international competition.

Over a number of years, the legal analysis to which military action has been increasingly subjected has hindered the freedom of action of forces chiefs on operations. In the much-needed search for ways of legitimising French commitments, the legal affairs directorate has been contributing to improving the effectiveness of our forces.

Les technologies de renseignement sont en retard en France pour de nombreuses raisons économiques et politiques, offrant le champ libre aux produits américains. Il est urgent d'avoir une nouvelle approche plus innovante et performante. Il y va de notre souveraineté technologique.

The strategic air forces (Forces aériennes stratégiques—FAS) have just celebrated 55 years of operations, demonstrating every day the relevance of our deterrence doctrine. The credibility and technological excellence of our FAS are the fruit of effort made by France since the beginning of the nineteen-sixties in order to secure its sovereignty.

The whistle-blower has become a popular folk hero, since he or she makes the public aware of risks that are sometimes considerable in extent. The subject raises a particular difficulty in the field of defence—the risk of revealing sensitive information. Protection of such information remains necessary.

Russia is both a major exporter of hydrocarbons and a major emitter of carbon dioxide. Despite that, Moscow is seeking to develop cooperation with the European Union in order to fight climate change. The approach must be for the long term.

The fortieth anniversary of the first firing of the Ariane rocket is the occasion to look back to the process that began not long after the Second World War that led France and, later, Europe towards independence in space. These long-term efforts need to be continued.

Liberation of the Alps in the summer of 1944 was achieved after the battle of the Vercors, in which, despite its bravery, the resistance was defeated, and also through the advance of allied units after the landings in Provence.