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L’arme nucléaire française : aspects de droit public

Abstract : In France, nuclear weapons remain an essential strategic stake for the power of the State and the prerogative of its sovereignty through the credibility of its discourse of deterrence. While in international law, its statute and its normativity generate disputes relating to its legality of use and its legitimacy of existence, the French nuclear weapon embodies the life insurance of the Nation in the event of a serious crisis. Responding to the needs of a new era, it partly determines the state apparatus, adapts to societal and international developments. As such, the Constitution being a prescriptive set of norms which govern the institutions, attribute competences, fix the procedures, it also proceeds by affirmation on the nature of the regime, leading to publicly consecrate this consensus on nuclear weapons. But although subject to customary consensus, the French nuclear weapon is limited to a material means serving the Constitutional issue of National Independence, the effectiveness of which remains limited. Going beyond this limit requires systemizing the French nuclear weapon by taking up its original concept of "strike force" which, instituted at the time on a Constitutional basis through military program laws, takes over from this sovereign mission essential to sovereignty which corresponds to ensuring the defense of the Nation, preserving its independence and ensuring its institutions. Nuclear law is positive and to imagine a strike force empowered by the Constitution to defend vital interests as a palliative for general mobilization is to describe a state of affairs expressed in the form of imperative to remain binding. The inclusion of the concept of strike force in the Constitution would make it possible, in addition to securing the nuclear deterrence strategy beyond political contingencies, to confirm its normative dimension and its Constitutional essence. Unheard of in the legal history of concepts, this anticipation by the legislator would provide sustainability regardless of technological developments and would lead to an adaptation of the French nuclear doctrine, the sovereign requiring a strike force capable of preserving its constituents and their vital national interests, while by integrating the European dimension. Insert the strike force in the Constitution would allow nuclear weapons to be consecrated as one of the sovereign means serving the Constitutional objective of National Independence.
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Submitted on : Wednesday, February 3, 2021 - 4:36:05 PM
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  • HAL Id : tel-03130556, version 1


Benoît Grémare. L’arme nucléaire française : aspects de droit public. Droit. Université de Lorraine, 2020. Français. ⟨NNT : 2020LORR0193⟩. ⟨tel-03130556⟩



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