lundi, mars 11, 2019

11.03.19, contribution 13 jihad, return12, syria, authorities, judgment, justice, prime minister

blog: madic50.blogspot.com / Book: The Two forms, ed. Amazon

Paris, Monday, March 11, 2019

CONTRIBUTION (9) TO THE NATIONAL DEBATE WISHED BY THE PRESIDENT OF THE REPUBLIC IN 2019. THE RETURN OF THE JIHADISTS (12), THE COURAGE TO RECOGNIZE LEGALITY, PREMIER MINISTER, DIPLOMACY (Continuation of reflection n ° 11 of 8 February 2019, cf .: Madic50)

1) - The reflection of the Prime Minister
On Wednesday, March 6, 2019, Prime Minister Édouard Philippe is received by Ruth Elkrief on BFMTV

When asked about the return of the jihadists, he said:

"Édouard Philippe:
We do not bring back anyone.
The French doctrine has always been to say that the French who went to combat zones were combatants.
As we deliver fights, they are fighters, French or not, they are fighters against us.
When they are prisoners, when they have been arrested, they have a vocation to be judged on the place where they committed the crimes. They are intended to be judged and if necessary punished on the spot.
This is happening in Iraq
Ruth Elkrief:
Including by the death penalty?
Édouard Philippe:
You know that we are opposed to the death penalty.
But the French who are guilty of crimes in Iraq or Syria, are likely to be tried in Iraq or Syria.
The question you ask about the possible return that we do not wish because we want to be judged on the spot the French who would be detained not by the Syrian authorities but by the Syrian democratic forces, ie by the Kurds in the north-east of the country, for the moment these French and many other nationalities are held, They are intended to be judged there. "

The Prime Minister's statement has the clarity of courage and common sense but also the obscure contradictions of the legal stalemate.

To the contradiction of the Prime Minister's speech, everyone can understand that the judicial treatment of jihadist prisoners in Syria leads European countries to examine their relationship to the legality of international law.

It is to this examination that the following reflection is devoted.
2) - The contradictions
1- The Prime Minister clearly states that the jihadists "are not intended to return to France" and that they "have a vocation to be judged there".

2- It is precisely this "over there" that he struggles to define.
The orientation formula: "But the French who are guilty of crimes in Iraq or Syria, are likely to be judged in Iraq or Syria. "
The formula of execution: "the French who would be held not by the Syrian authorities but by the Syrian democratic forces, ie by the Kurds in the North-East of the country, ... They have vocation to be judged over there. "
3) - State and NGOs
In the statement of the principled position of refusal of the jihadists' return, Iraq and Syria are put on the same level. These are two sovereign states that can judge criminals who officiate on their soil.

The Prime Minister and therefore the government recognize the existence of "Syrian authorities" distinctly parallel to the "Syrian democratic forces" (SDS).

In doing so, the Head of Government recognizes both the existence of a Syrian state and the exclusivity of the government of Damascus in the representation of that state.

Other Syrian forces that might have claimed state representation are not recognized as such. They are recognized as organizations of opposition to the State, thus external to it and incapable of replacing it.

They are not recognized by anyone as state power. This is why President Trump is asking the Europeans to take back their nationals when he withdraws the United States from Syria and abandons the Kurds.

The Syrian state is in full exercise and the SDS are NGOs.

4) - The legal deadlock
It is at this moment that the legal impasse is built.

Secular French diplomatic policy does not recognize governments but states.

Contrary to this policy, the Prime Minister finally takes up the logic according to which the opposition of the French government to the government of Damascus builds or necessarily entails the legal possibility of legally and legally substituting the FDS and Kurds for the Syrian state, Syrian authorities ".

This political path is inevitably a legal impasse since the SDS can not replace the Syrian state.

In the end, to identify "Syria" with the Kurds and the SDS amounts to affirming in the same intervention a refusal of the return of the jihadists and a clever acceptance of this one.

This political pirouette as a legal definition leads to another impasse on French soil since the French justice has no way of knowing the crimes committed in Syria and she has repeatedly said that she had neither the right and the will to judge.

5) - The confusion
The construction of this legal impasse takes place by the confusion of the jihadist question with the question of the confrontations of the political forces ("Syrian authorities" and FDS).

These two realities, the political conflicts and the jihadist judgment, are distinct.

1- The conflicting and military relations of the "Syrian authorities" with the "SDS", also known as "Syrian opposition", can be dealt with in diplomatic bodies.
2- Jihadists are only war criminals. They depend only on the fate of war and the justice of peace.

The jihadists can not be politically or legally negotiating instruments, stooges, the place of one and the other in the international conferences that accompany this conflict that mobilizes on the Syrian soil a dozen countries.
There is no continuity, political and legal, between the rupture of the diplomatic relations with the Syrian government by the French government and its priority engagement with the FDS, and the judicial question of a group universally recognized as criminal.

They are neither "partners" nor "opposition".

The discussion of the fate of the jihadists is only a question of measures of war (they are killed on the battlefield) and determination of the competent justice (they are judged once prisoners).

If we pretend to see a continuity between the jihadists and the political conflicts, we will soon have to look at the thin line between the crimes of the jihadists, the SDFs and the "Syrian authorities".

It will be a matter of diplomatically maintaining the chaos, political and military, and the jihadists will have served the international troublemakers well.

5) - French chaos
If this confusion is not dispelled, French politics will become an instrument of diffusion of jihadism, its zone of withdrawal and restoration.


It suffices to hear the fears of French administrations and French to understand that pearl necklaces of confusion are those of adventure.

Let us recall that the French justice has no way of knowing the crimes committed in Syria and that it has repeated repeatedly that it had neither the right nor the will to judge.

The return of the jihadists, contrary to what we want to make us believe, is not only about order in prisons.

It would be a victory for the French Islamist party and its ramifications in the state; a manifestation of his power.

6) - International legality
The Prime Minister has certified that the Syrian state exists. This implies that he exercises his right "Syrian authority" throughout the territory of Syria. Its current absence from Kurdish territory does not detract from this quality.

In terms of the judgment of criminals, Syria is in this case neither the government of Damascus nor the multiple SDS.

Judicial Syria is Syrian justice.

It is therefore to this one that one must turn to examine the judicial question of these jihadists.

The concept of Separation of Powers allows French justice to take language with Syrian justice and to examine the issue of jihadists detained in Syria by NGOs.

To ignore the justice of the Southern States is a culture of colonial memory which is a humiliation, even silent, for all concerned states.

What is an intangible fact is that the jihadists can not leave the Syrian soil without being tried and have responded to the crimes they committed there. They can do it legally only in front of the Syrian and Iraqi justices.

Only then can they be repatriated to France to be tried for crimes they committed there or wanted to commit by taking Syria as a base of formation and expansion.

This is not the only way but it is the only one that is legal, democratic, effective in matters of public order.


Marc SALOMONE

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