9

Since the Uzbin Valley ambush (2008), the fear of prosecution of military activity has arisen. It is true that the rules of national and international law (including the principles of the law of armed conflict) that are needed in operations are most often conceived as restrictions, even though they also confer rights and guarantees. For ten years, the legislator, through successive reforms, has tried to take into account, in the code of defence, the specifications of the army profession. Recently, the military programming law (lpm) of 18 December 2013 dedicated Chapter VI to “Provisions relative to criminal justice for military affairs”. The parliament specified on this occasion, the status of death in battle as well as the notion of military operations. Moreover, this text seeks to clarify the scope of criminal excuse for the use of force established by the Act of 24 March 2005 on the general status of servicemen.