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As for the French side, the war in Algeria was not legally recognized until 1999, when this word replaced “events”. Approximately 18 years later, during a visit to Algeria, Emmanuel Macron described colonialism as a crime against humanity. He was then a presidential candidate. Since then, the death of Maurice Odin under torture has already been recognized as a state crime, and his widow has been offered an official apology. As for the other colonial crimes, they are not yet on the show. We can even say that it is less than ever. Should the memory obligation be treated from legal logic or with a view to good political intention?
Regarding the first possibility, the path is technically complex due to:
1: Law of July 24, 1968, on amnesty for “acts” committed in Algeria
2: The basic principle that the French criminal laws, codified in 1994, codified the crime against humanity in particular. The question that arises is: do crimes against humanity cease to be obsolete? Is the reference to French law appropriate in these circumstances?
Regarding the second possibility, some facts that seem externally independent lead us to ask about what is at stake: destroying part of the files of the National Liberation Front, hiding part of the French files for the colonial period, the question of recovering the Algerian skulls of the “Human Museum” …
Amid neglect on both sides of the Mediterranean, the remains of the bodies of Algerian resistance fighters are still denied the right to be buried. He will also continue to do so as long as he continues reciting historical narratives for demagogic purposes.
* Algerian researcher and academic