French military (catch all)

[Culpeper]

WTF?

http://apnews.myway.com//article/201...D9H7OGRG0.html

Jul 27, 9:31 PM (ET)

By ELAINE GANLEY


PARIS (AP) - France has declared war on al-Qaida, and matched its fighting words with a first attack on a base camp of the terror network's North African branch, after the terror network killed a French aid worker it took hostage in April.

You have to admit the headline is a little surprising. Something's up.

[huskerguy7]

I think the phrasing in that article was done poorly.

An AQ North Africa offshoot kidnapped a French hostage. On the day before his ransom was due, the French attempted to raid, and failed. As a result, he was executed. Now, the terrorists won and the French were embarrassed.

France's special forces have accomplished several hostage rescues within the past 3 years, so I'm not surprised that they made another attempt here.(these are observations from other incidents where French hostages are taken).

France has been at war against AQ. They just haven't paid much attention to this AQ offshoot group (mainly a Western African group). This message shows that they are very upset, and will likely start "hunting."

[jmm99]

since you have experience in the African rescue business ?

Since the UN-NGO world is a small one, you may well have known the hostage. In any case, I extend my condolences and prayers.

I do have a French law of armed conflict question. That is: what are the legal requirements for France to engage in an armed conflict so as to bring the Geneva Conventions into play ?

For example here in US, a formal declaration of war is one way - not used since WWII. Another is pursuant to a UN chap 7 SC mandate (the only legal prop for the Korean War). Another (most common) is an Authorization to Use Military Force (AUMF), as in the 2001 AUMF (OEF) and 2003 AUMF (OIF). Any of those results in the Laws of War (Laws of Armed Conflict) (International Humanitarian Law) being applicable to the conflict.

And, can France legally engage a non-state actor (AQ) in a formal armed conflict ?

I ask that question because, for the most part, the EU nations seem to approach AQ as terrorists subject to law enforcement (not law of war) standards. And, GWB's GWOT and the application of the Laws of War have been strongly criticized by a number of EU jurists.

Of course, LE standards allow force to be used in hostage rescues. So, in this particular case, the two legal standards may not be that different

Thus, does "guerre contre AQ" have any legal force under French law - or is it simply rhetoric ? RSVP.

Regards

Mike

[huskerguy7]

since you have experience in the African rescue business ?

I may have come off wrong. I don't have experience with any kind of the actions mentioned. I just follow some headlines and stash some mental notes in the back of my head (last year there were at least three French hostage rescues in Africa). I would not consider myself to be an expert.

And, can France legally engage a non-state actor (AQ) in a formal armed conflict ?

Is an attack on this AQ affiliate base considered an act of war? (that's what was done). I think France just wants to justify military action, but I may be wrong. They may really want to declare war as they said.

France announced that it's going provide (military) aid to several African countries in the Sahel region. I imagine that it'll mirror the US presence in Yemen: special troops who advise and participate in HVT takedowns.

It will be interesting to see if this is just rhetoric, or if France really commits some action.

[jmm99]

my post was addressed to "Lagrange" (of Barsoom, and various environs of other planets to remain unnamed), of UN & NGO fame, ancien TdM and the subject of at least one Legion rescue (IIRC) - this guy.

Have no idea what the analysis is under French law, which is why I hailed Lagrange. France has lots of horses to do hostage rescues.

Cheers

Mike

[davidbfpo]

There is background to this issue on the Mali thread:http://council.smallwarsjournal.com/...ead.php?t=9254 and another on the role of non-African powers in Africa: http://council.smallwarsjournal.com/...ad.php?t=10188

[jps2]

Please, do not forgot that declarations are both internal (for French people) and external (allied countries/politicals, opponents).

The facts that some French SOF fails to rescue the hostage simply means that intelligence/S2 wasn't able to collect enough data.

The hostage suffers heart disease and had no medicine from weeks : no one can tell (until now) if he was still alive when the raid was launched.

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Regarding French laws, WAR can only be declared against a country.