France’s law on terrorists and nationality is draconian

François Hollande’s government is in the throes of passing a law that will allow the state to strip convicted terrorists of their French nationality. The move is proving highly controversial across the political spectrum and for good reason.

Following the Paris attacks in November that killed 130 people, it is understandable that the Hollande government is taking a tough stance against potential jihadis. After terrorist attacks, however, democratic states sometimes overreact with legislation that is too draconian: that is the risk that Mr Hollande is running with this new measure.

The legislation passed on Wednesday by the National Assembly, and which must now go to the Senate, is flawed for two reasons.

The first is that it is impractical. It is hard to imagine that anyone contemplating a terrorist atrocity would be forced to reconsider planning an attack because the state might withdraw their nationality.

The second is that it is divisive. After any terrorist attack, the first goal of a government should be to unite the public. Mr Hollande’s proposal to strip terrorists of their nationality goes in the other direction. It is only likely to be applied to bi-nationals — those who hold a French passport and a second nationality — and therefore discriminates against many of those with immigrant backgrounds.

If the proposal is applied to people who only have French citizenship, it also creates problems. It would make the individual stateless, raising questions about whether the measure conforms with international law.

In the immediate aftermath of the London bombings on July 7, 2005, in which 52 died, Tony Blair’s government made the mistake of trying to introduce legislation to detain terrorist suspects for 90 days without charge. It created division and acrimony at a time when unity was needed.

Mr Hollande appears to be making the same mistake. His proposal has led to the resignation of Christiane Taubira as justice minister and has been criticised by Emmanuel Macron, economy minister, as something with which he is “philosophically uncomfortable.”

It faces an uphill battle — and possibly an unwinnable one — when it reaches the Senate in a few weeks time.

Viewed from outside France, this proposal looks like an ill-judged waste of political capital, something Mr Hollande can hardly afford.

james.blitz@ft.com

Twitter: @JamesBlitz

Letter in response to this article:

The stripping of French citizenship is not new / From Francis Ghilès