Reconciling discipline and justice: towards the civilianisation of French military justice (1916-1928)

auteur Gwenaël Guyon
tijdschrift RIDP Libri (ISSN: )
jaargang 2025
aflevering Military Justice: Contemporary, Historical and Comparative Perspectives
onderdeel Part 1 - History of military justice
publicatie datum 6 januari 2025
taal English
pagina 53
samenvatting

The French model of military justice is currently a hybrid model, based on the distinction between peacetime and wartime and the division of jurisdiction between civilian and military courts. This model has been forged over the course of history, as events, wars, and scandals have unfolded. Before the 19th century, French military justice was a special and derogatory form of justice, with very little civilian input. At the end of the 20th century, it has become a civilianised system, incorporating most of civilian principles of justice, without undermining the requirements of military discipline and command. The period 1916-1928 was decisive in shaping the French model. Indeed, in response to the miscarriages of justice during the beginning of the Great War, it launched the long process of civilianisation of military justice in France, which sought to strike a good balance between military discipline and the rule of law.