Blog di discussione su problemi di relazioni e politica internazionale; un osservatorio per capire la direzione del mondo. Blog for discussion on problems of relations and international politics; an observatory to understand the direction of the world.
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giovedì 5 gennaio 2017
Hollande would order executions of terrorists in foreign countries
The
news that the President of the French Republic, Hollande would have
ordered the physical elimination of some prominent radical terrorists,
without the support of the French judiciary, and in collaboration with
the US administration of President Obama, requires some thoughts on the
matter. If
this practice may seem usual, and sometimes justified, as a preventive
tactic, it is impossible not to consider the various aspects that are
involved. This
measure, in fact, involves the violation of a series of standards, both
internal to the French law, to the international, that any opportunity
reasons are not enough to justify, especially in a state, like the
French, but this also applies to the American one, which calls itself a democracy and is proposed as a model to follow. The
number of targeted assassinations would be about forty, an amount that
goes beyond this single episode, however, also be condemned, and
apparently a practice that has taken on a certain tradition, as a
resolution of a factor certainly serious problem. In
terms of domestic law it is clear that it is an order obtained
exclusively by the executive power without the support of the judiciary,
which has not endorsed these measures with appropriate judgments,
however, impossible in France since the death penalty was abolished. President Hollande would thus impeachable for these actions; also
the president had publicly acknowledged, some months before, to have
personally ordered the physical elimination of terrorists: this could
also result in violation of state secret. On
the international level it is clear that were violated norms of
international law, because these operations have been carried out
outside the jurisdiction of the French and of territories whose
sovereignty belonged to the governments of those countries. The
theater of the executions would be the nations of Mali, Syria,
Ethiopia, Libya and Egypt, countries where French interests were, and
are strategic. Even
in the event that the deletions had been agreed with the governments of
those countries is no doubt that the French extraterritorial activity
was illegitimate. There is then a rating of political character, as well as a practical character, from which it can not escape. Politically,
the decision to take these actions would receive the just condemnation,
if it had been made by a right-wing government, that have been carried
out by a government, which defines the left and that should ensure the
application of certain rights and certainty to move within the confines imposed by the laws, represents a clear defeat, as well as a contradiction in terms. At
the international level the prestige of the French government and
France itself can not but appear compromised, because of the obvious
violation of the law to which the country relies. From
a practical point of view the ordered deletions have avoided France a
wave of attacks and victims of which has been the subject; certainly
it can be argued that without these executions France could suffer an
even greater terrorist pressure, however the use of these measures
highlights a worrying French Weakness Prevention: in fact, the
perception is that the physical elimination of terrorists, if it
occurred in
actions and not in clashes or fighting, is the last resort they will
use to protect the country's strategic or vital interests of the
country, without having any alternative, other. Just
the number, quite substantial, made of selective deletions, complaint,
at least, a willingness to resort to extreme option as a means virtually
usual action. The
question to ask is whether a European country and Europe itself, may
defer to these means and to accept these solutions, without viable
alternatives within the current legislation? The
question is difficult to solve, because it is necessary as you will
want to consider an allied country, whose government violates its own
rules and those of the international law, perhaps it would be
appropriate, that Brussels undertook efficient even with regard to these
cases.
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