La justice militaire et les civils sous le Directoire : l'exemple des 24e et 25e divisions militaires

摘要

Xavier Rousseaux, Civil and Military Justice and Civilians under the Directory : the Example of the 24th and 25th Military Divisions. To reestablish public order troubled at once by banditry and by resistance to the Revolution, the Directory resorted to various forms of military jurisdictions. The recourse to these forms of military justice for civilian crimes has received little scholarly attention even for the West and the Midi. This article examines the practice throughout the 24th and 25th military divisions for the Belgian departments united on 9 vendémiaire IV to the French Republic. This study shows that recourse to these jurisdictions, above all to the « conseils de guerre » favored during the repression of the revolt of the year VII, might help to distinguish the treatment of « insurgents » compared with ordinary bandits. To judge civilians by military courts elicited certain reservations from civil and military authorities alike. The theory advanced here is that the experience of the « Belgian » departments contributed to the creation of Special Criminel Courts integrated into the civil judicial order, but composed of civilian and military judges.