It was a first in South Korea since 1980: this Tuesday, December 3, President Yoon Suk-yeol proclaimed martial law throughout the country. With such a measure, which banned all political activity and placed the press under military control, its aim was to “protect liberal South Korea from threats posed by North Korean communist forces.”
Martial law will not take effect for three hours. The South Korean Parliament quickly voted against this decision, forcing the president to reverse his steps. Would it be possible to apply martial law in France to protect the country?
Since 1958, martial law has no longer been part of French law.
When proclaimed in times of serious crisis by the head of state or government, martial law allows the military to take control over certain government functions, such as the administration of justice or the enforcement of the law. For example, it makes it possible to establish curfews, ban public gatherings or restrict the press.
In France, the legal framework does not provide for martial law. Currently, this notion is not enshrined in the Constitution, nor in any legislative text. Neither Emmanuel Macron, nor any Prime Minister, nor any state organ could therefore impose martial law as we saw in South Korea.
Martial law disappeared from French law after the Second World War, during the drafting of the 1958 Constitution, that of the Fifth Republic. This text, however, allows other exceptional regimes in France such as the state of emergency or the state of siege.
Martial law has already suppressed many historical events in France
But France has already actively used it in the past, such as during the French Revolution, to suppress popular revolts. King Louis XVI proclaimed it in 1789, just after crowds actively gathered to protest the beheading of a Parisian baker, Denis François. Rebelote in 1791 during the Champ-de-Mars shooting in Paris, then a century later to repress the Paris Commune in 1871 – the “Bloody Week” left 20,000 people dead among the Communards.
More recently, martial law was established during the two Great World Wars. During the First, it was applied in the front zones, so that the military could control public order and traffic and for military courts to judge civilians. During the Second World War, martial law was proclaimed by the Vichy government to control border areas and arrest political opponents.
In France, other measures prevail in the event of an emergency
Although martial law already existed in France, it is no longer applied today. Other devices are chosen in the event of a serious crisis. There is the state of emergency, born in 1955 during the Algerian war, and among others used after the attacks of 2015. There is also the state of siege, reserved for cases of war or invasion but which was never applied under the Fifth Republic. These two states remain controlled by Parliament and must respect fundamental human rights.
If he deems it necessary, and thanks to article 16 of the Constitution, the President of the Republic can also assume all powers – legislative, executive and judicial – but always under the democratic control of the Constitutional Council, and for a limited time.
