“It is time for France to make a worthy political choice by stopping its arms transfers to Israel” | EUROtoday

JUntil June 21, political leaders, enterprise and authorities representatives, in fits, fits and navy uniforms, will meet within the aisles of the worldwide protection and safety Eurosatory. Over espresso, mini pastries and glasses of champagne, there shall be speak of ammunition of assorted calibers, weapons programs related to synthetic intelligence, and even satellite tv for pc missile steerage applied sciences.

For as soon as within the 12 months, the small, discreet world of navy tools gross sales will open its doorways. And French corporations will attempt to take the lion's share, the nation having already risen, in 2023, to second place among the many largest arms exporters on the earth.

In France, the conclusion of any arms gross sales contract is happily topic to constraints. The precept is thus the prohibition of exports, these being approved solely by exception. It is the Prime Minister who points arms export licenses permitting producers to signal any contract, take orders and even ship the tools in query.

Theory of “act of government”

The resolution whether or not or to not authorize an export should keep in mind whether or not there’s a threat of a severe violation of human rights and/or worldwide humanitarian legislation by the use of the weapons whose export is requested. In this regard, France is certain by worldwide texts such because the Arms Trade Treaty.

In follow, when they’re maintained for the good thing about the consumer, export licenses are untouchable earlier than the executive choose, even when there’s a threat that the warfare supplies in query may contribute to severe violations of worldwide legislation. The choose in reality rejects any chance of suspending export licenses, within the identify of the “act of government” principle.

Under this principle, the executive choose considers export licenses as acts that can’t be separated from the conduct of worldwide relations. Consequently, they profit from jurisdictional immunity. In different phrases, justice declares itself incompetent to rule on each their provisional suspension and their legality. As if administrative justice had put blinders on itself to forestall itself from making a choice on these circumstances. However, the executive choose's vocation is to guard elementary rights and freedoms and to defend the overall curiosity.

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