Debate Magazine

Fear of a "militarised Police" is a Cultural Issue

Posted on the 12 May 2023 by Doggone

I used a picture of a costume Gendarme the last time I did this post on this subject. This time I am using actual material from the French Gendarmerie Nationale. Those who do not understand French can turn on autotranslated English subtitles.

The Maréchaussée, a precursor to the Gendarmerie Nationale dates back to the Middle Ages. Some historians tracing it back to the early 12th century around the commencement of the Hundred Years War.. The Current version of the Genarmerie dates to when Maréchaussée was organised in 1536, or, formally, the Constabulary and Marshalcy of France (connétablie et maréchaussée de France).  Gens d'Armes (men at arms) is a term used in even older sources. That's why I included "Second Amendment History" as a subject here. The Gendarmerie is a force of the nation for the protection and security of the people. It has been a military force since its inception. This is different from the Anglo-American sense of the police, and military, as being subordinate to the citizenry.

The basics:

The National Gendarmerie is one of two national law enforcement forces of France, along with the National Police. The Gendarmerie is a branch of the French Armed Forces placed under the jurisdiction of the Ministry of the Interior, with additional duties from the Ministry of Armed Forces.

In short, it is an internal army, which is a no-no in Anglo-American, especially American, tradition.

The first video is a short video on the history of the Gendarmerie Nationale:

The next clip requires some explanation since there are two different branches of the Gendarmerie Nationale: the Gendarmerie Départementale and the Gendarmerie Mobile. The Gendarmerie Départementale is best explained by comparing it to US state police forces. It is in charge of policing small towns and rural areas. The Departmental Gendarmerie carries out the general public order duties in municipalities with a population of up to 20,000 citizens. When that limit is exceeded, the jurisdiction over the municipality is turned over to the National Police. 

The Gendarmerie Mobile is an internal military force organized into the seven regions of the Mobile Gendarmerie (one for each of the seven military regions of metropolitan France, called (Zones de Défense). It comprises 18 Groups (Groupements de Gendarmerie mobile) featuring 109 squadrons for a total of approximately 11,300 personnel.  Its main responsibilities are:

  • crowd and riot control
  • general security in support of the Departmental Gendarmerie
  • military and defense missions
  • missions that require large amounts of personnel (Vigipirate counter-terrorism patrols, searches in the countryside...) 

Nearly 20% of the Mobile Gendarmerie squadrons are permanently deployed on a rotational basis in the French overseas territories. Other units deploy occasionally abroad alongside French troops engaged in military operations (OPEX or external operations). 

The Mobile Gendarmerie includes GBGM (Groupement Blindé de la Gendarmerie Nationale), an armored grouping composed of seven squadrons equipped with VXB armoured personnel carriers, better known in the Gendarmerie as VBRG (Véhicule Blindé à Roues de la Gendarmerie, "Gendarmerie armoured wheeled vehicle"). It is based at Versailles-Satory. This unit also specializes in Chemical, biological, radiological and nuclear defense (CBRN) defense.

This system is unlike the US, which has the Posse Comitatus Act  a United States law which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States, France has a professional military which works internally with no issues to that. To some extent, the British also use their military for civil defence. The Militia in the United States, which is now the National Guard, and has the powers to enforce internal order given to it under Article I, Section 8, Clauses 15 & 16:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

The founders' intent was to have a civilianised force, instead of a professional military one, to handle the tasks which are delegated to the Gendarmerie Mobile in France. This is due to a cultural difference where the Anglo-American tendency is to dislike large standing military forces. Or as the Virginia Constitution of 1776 states in its Bill of Rights:

Sec. 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

I should add that modern police forces are a new thing in Anglo-American tradition dating back to the early to mid 19th Century. There were night watches and other non-professional forms of law enforcement early on.  Modern policing only began to emerge in the U.S. in the mid-nineteenth century, influenced by the British model of policing established in 1829 based on the principles of Sir Robert Peel.

Sir Robert Peel created what is termed an ethical police force. The approach expressed in these principles is commonly known as policing by consent in the United Kingdom and other countries such as Ireland, Canada, Australia, and New Zealand. 

In this model of policing, police officers are regarded as citizens in uniform. They exercise their powers to police their fellow citizens with the implicit consent of those fellow citizens. "Policing by consent" indicates that the legitimacy of policing in the eyes of the public is based upon a consensus of support that follows from transparency about their powers, their integrity in exercising those powers and their accountability for doing so.

The first organized, publicly-funded professional full-time police services were established in Boston in 1838, New York in 1844, and Philadelphia in 1854.

As I said, the difference in attitude is based upon cultural differences.


Back to Featured Articles on Logo Paperblog