Robert Badinter (; born 30 March 1928) is a French lawyer, politician and author who enacted the
abolition of the death penalty in France in 1981, while serving as Minister of Justice under
François Mitterrand
François Marie Adrien Maurice Mitterrand (26 October 19168 January 1996) was President of France, serving under that position from 1981 to 1995, the longest time in office in the history of France. As First Secretary of the Socialist Party, he ...
. He has also served in high-level appointed positions with national and international bodies working for justice and the rule of law.
Early life
Robert Badinter was born 30 March 1928 in Paris to Simon Badinter and Charlotte Rosenberg.
His
Bessarabia
Bessarabia (; Gagauz: ''Besarabiya''; Romanian: ''Basarabia''; Ukrainian: ''Бессара́бія'') is a historical region in Eastern Europe, bounded by the Dniester river on the east and the Prut river on the west. About two thirds of Be ...
n Jewish family had immigrated to France in 1921 to escape
pogrom
A pogrom () is a violent riot incited with the aim of massacring or expelling an ethnic or religious group, particularly Jews. The term entered the English language from Russian to describe 19th- and 20th-century attacks on Jews in the Russia ...
s. During World War II, after the Nazi occupation of Paris, his family sought refuge in Lyon. His father was captured in the 1943
Rue Sainte-Catherine Roundup and deported with other Jews to the Sobibor extermination camp, where he died shortly thereafter.
Badinter graduated in law from
Paris Law Faculty
The Faculty of Law of Paris (french: Faculté de droit de Paris), called from the late 1950s to 1970 the Faculty of Law and Economics of Paris, is the second-oldest faculty of law in the world and one of the four and eventually five faculties ...
of the
University of Paris
, image_name = Coat of arms of the University of Paris.svg
, image_size = 150px
, caption = Coat of Arms
, latin_name = Universitas magistrorum et scholarium Parisiensis
, motto = ''Hic et ubique terrarum'' (Latin)
, mottoeng = Here and a ...
. He then went to the United States to continue his studies at
Columbia University
Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in New York City where he got his
MA. He continued his studies again at
the Sorbonne until 1954.
In 1965, Badinter was appointed as a professor at University of Sorbonne. He continued as an
Emeritus
''Emeritus'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...
professor until 1996.
Political career
Beginnings
Badinter started his career in Paris in 1951, as a lawyer in a joint work with
Henri Torrès
Henry Torrès (17 October 1891 – 4 January 1966) was a French trial lawyer and politician, and a prolific writer on political and legal matters.
Family
Henry Torrès was born in Les Andelys in 1891 to a Jewish family. His grandfather, Isaiah ...
.
In 1965, along with
Jean-Denis Bredin
Jean-Denis Bredin (born Jean-Denis Hirsch: 17 May 1929 – 1 September 2021) was a French attorney and founding partner of the firm Bredin Prat. He was widely admired as an author-commentator, both for his novels and for his non-fiction works ...
, he founded the law firm Badinter, Bredin et partenaires, (now
Bredin Prat
Bredin Prat is a French law firm of about 180 lawyers, 45 of whom are partners and 14 are counsels. Founded in 1966, it is one of the largest law firms in Europe. It has offices in Paris and Brussels. Bredin Prat maintains partnerships with Bone ...
) where he practiced law until 1981.
The Bontems case
Badinter's activism against the death penalty began after Roger Bontems's execution on 28 November 1972. Along with Claude Buffet, Bontems had taken a prison guard and a nurse hostage during the
1971 revolt in Clairvaux Prison. While the police were storming the building, Buffet slit the hostages' throats. Badinter served as defense counsel for Bontems. Although it was established during the trial that Buffet alone was the murderer, the jury sentenced both men to death. Badinter was outraged by unfair impositions of the death penalty and, after witnessing the executions, further dedicated himself to the abolition of the death penalty.
Death penalty
In this context, he agreed to defend
Patrick Henry
Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, politician and orator known for declaring to the Second Virginia Convention (1775): " Give me liberty, or give me death!" A Founding Father, he served as the first an ...
. In January 1976, 8-year-old Philipe Bertrand was kidnapped. Henry was soon picked up as a suspect, but released because of a lack of proof. He gave interviews on television, saying that those who kidnapped and killed children deserved death. A few days later, he was again arrested, and shown Bertrand's corpse hidden in a blanket under his bed. Badinter and Robert Bocquillon defended Henry, making the case not about Henry's guilt, but against applying the death penalty. Henry was sentenced to life imprisonment and paroled in 2001.
The death penalty was still applied in France on a number of occasions - three people were executed between 1976 and 1977 under the presidency of
Valery Giscard d'Estaing
The French name Valery () is a male given name or surname of Germanic origin ''Walaric'' (see Walric of Leuconay), that has often been confused in modern times with the Latin name ''Valerius''—that explains the variant spelling Valéry (). The S ...
- but its use became increasingly controversial as opinions rose against it. Crimes related to all the three executions were widely condemned for involving coarse brutality, torture, or sexual assault against children or women, suggesting that after the Buffet-Bontems controversy, a higher bar was set for the sentence and presidential pardon. After an almost unanimously approved appeal to the
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, the final death sentence, against
Philippe Maurice
Philippe Maurice (born June 15, 1956, in Paris
Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in ...
, for murder of a police officer, was confirmed in March 1981, weeks before the
election of president Mitterrand.
Ministerial mandate (1981–1986)
In 1981,
François Mitterrand
François Marie Adrien Maurice Mitterrand (26 October 19168 January 1996) was President of France, serving under that position from 1981 to 1995, the longest time in office in the history of France. As First Secretary of the Socialist Party, he ...
, a previous self-professed opponent of the death penalty, was elected president and Badinter was appointed as
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
. Among his first actions was to introduce a bill to the
French Parliament
The French Parliament (french: Parlement français) is the bicameral legislature of the French Republic, consisting of the Senate () and the National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: ...
proposing the abolishing of the death penalty for all crimes, both civilian and military. The bill was passed by the Senate after heated debate on 30 September 1981. On October 9, the law was officially enacted, putting into effect the abolishing of capital punishment in France.
During his mandate, he also helped pass other laws related to judicial reform, such as:
* Abolition of the "''juridictions d'exception''" ("special courts"), such as the Cour de Sûreté de l'État ("State Security Court") and the military courts, in time of peace.
* Consolidation of private freedoms (such as the lowering of the
age of consent for homosexual sex to make it the same as for heterosexual sex)
* Improvements to the Rights of Victims (any convicted person can make an appeal before the
European Commission for Human Rights
The European Commission of Human Rights was a special body of the Council of Europe.
From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
and the
European Court for Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a c ...
)
* Development of non-custodial sentences (such as community service for minor offences). He remained a minister until 18 February 1986.
1986–present
![Robert Badinter](https://upload.wikimedia.org/wikipedia/commons/5/57/Robert_Badinter%2C_2007_%28cropped%29.jpg)
From March 1986 to March 1995 he was president of the
French Constitutional Council
The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules ...
. From 1995 to 2011 he served as a
senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, representing the
Hauts-de-Seine
Hauts-de-Seine (; ) is a Departments of France, département in the Île-de-France Regions of France, region, Northern France. It covers Paris's western inner Banlieue, suburbs. It is bordered by Paris, Seine-Saint-Denis and Val-de-Marne to the e ...
département
In the administrative divisions of France, the department (french: département, ) is one of the three levels of government under the national level ("territorial collectivity, territorial collectivities"), between the regions of France, admin ...
.
In 1989, he participated in the French television program ''Apostrophes'', devoted to human rights, together with the
14th Dalaï Lama. Discussing the disappearance of
Tibetan culture
Tibet developed a distinct culture due to its geographic and climatic conditions. While influenced by neighboring cultures from China, India, and Nepal, the Himalayas, Himalayan region's remoteness and inaccessibility have preserved distinc ...
from Tibet, Badinter used the term "
cultural genocide
Cultural genocide or cultural cleansing is a concept which was proposed by lawyer Raphael Lemkin in 1944 as a component of genocide. Though the precise definition of ''cultural genocide'' remains contested, the Armenian Genocide Museum defines ...
." He praised the example of Tibetan nonviolent resistance. Badinter met with the Dalai Lama many times, in particular in 1998 when he greeted him as the "Champion of Human Rights," and again in 2008.
In 1991, Badinter was appointed by the
Council of Ministers of the European Community as a member of the
Arbitration Commission of the Peace Conference on Yugoslavia The Arbitration Commission of the Conference on Yugoslavia (commonly known as Badinter Arbitration Committee) was an arbitration body set up by the Council of Ministers of the European Economic Community (EEC) on 27 August 1991 to provide the confer ...
. He was elected as President of the commission by the four other members, all presidents of
constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
s in the
European Community
The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
. The Arbitration Commission has rendered eleven pieces of advice regarding "major legal questions" arisen by the split of the
SFRY
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yugo ...
.
Badinter was the president of the
Court of Conciliation and Arbitration
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
for the
Organization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, prom ...
(OSCE) 1995-2013.
Badinter has opposed the
accession of Turkey to the European Union
Turkey is negotiating its accession to the European Union (EU) as a member state, following its application to become a full member of the European Economic Community (EEC), the predecessor of the EU, on 14 April 1987.
After the ten founding ...
, on the grounds that Turkey might not be able to follow the rules of the Union. He was also concerned about the nation's location, saying: "Why should Europe be neighbour with
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, Armenia,
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, Iran,
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
, the former
Caucasus
The Caucasus () or Caucasia (), is a region between the Black Sea and the Caspian Sea, mainly comprising Armenia, Azerbaijan, Georgia, and parts of Southern Russia. The Caucasus Mountains, including the Greater Caucasus range, have historically ...
, that is, the most dangerous region of these times? Nothing in the project of the founding fathers foresaw such an extension, not to say expansion."
As a head of the Arbitration Commission, he gained high respect among
Macedonians and other ethnic groups in the
Republic of Macedonia
North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Yugoslavia. It ...
because he recommended "that the use of the name 'Macedonia' cannot therefore imply any territorial claim against another State." He supported full recognition of the republic in 1992. Because of that, he was involved in drafting the so-called
Ohrid Agreement
The Ohrid Framework Agreement ( mk, Охридски рамковен договор, Ohridski ramkoven dogovor) was the peace deal signed by the government of the Republic of Macedonia (now North Macedonia) and representatives of the Albanian ...
in the Republic of Macedonia. This agreement was based on the principle that ethnic-related proposals passed by the national assembly (and later to be applied to actions of city councils and other local government bodies) should be supported by a majority of both Macedonians and Albanian ethnic groups. The latter minority comprises about 25% of the population. This is often called the "Badinter principle".
In 2009, Badinter expressed dismay at the Pope's lifting of the excommunication of controversial English Catholic bishop
Richard Williamson, who had expressed
Holocaust denial
Holocaust denial is an antisemitic conspiracy theory that falsely asserts that the Nazi genocide of Jews, known as the Holocaust, is a myth, fabrication, or exaggeration. Holocaust deniers make one or more of the following false statements:
...
and was illegally
consecrate
Consecration is the solemn dedication to a special purpose or service. The word ''consecration'' literally means "association with the sacred". Persons, places, or things can be consecrated, and the term is used in various ways by different grou ...
d a bishop and. The Pope reactivated the excommunication later.
Badinter was elected to the
American Philosophical Society
The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
in 2009.
World Justice Project
Badinter serves as an Honorary Co-Chair for the
World Justice Project
The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index, a quantitative assessment ...
. It works to lead a global, multidisciplinary effort to strengthen the
Rule of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
for the development of communities of opportunity and equity.
Case of Dominique Strauss-Kahn
At the start of the case of
Dominique Strauss-Kahn
Dominique Gaston André Strauss-Kahn (; born 25 April 1949), also known as DSK, is a French economist and politician who served as the tenth managing director of the International Monetary Fund (IMF), and was a member of the French Socialist P ...
in 2011, in which the IMF Managing Director was accused of rape and was arrested by the police in
New York, Robert Badinter reacted by saying to
France Inter
France Inter () is a major French public radio channel and part of Radio France. It is a "generalist" station, aiming to provide a wide national audience with a full service of news and spoken-word programming, both serious and entertaining, li ...
that he was outraged by the "media killing" and denounced the "failure of an entire system". In 2012, he again defended the former IMF director on RTL, believing that "each time, justice stops"
Awards
He refused any honorary distinction from the National Order of the
Legion of Honor
The National Order of the Legion of Honour (french: Ordre national de la Légion d'honneur), formerly the Royal Order of the Legion of Honour ('), is the highest French order of merit, both military and civil. Established in 1802 by Napoleon ...
(same as his wife) and the
Ordre National du Merite
A suite, in Western classical music and jazz, is an ordered set of instrumental or orchestral/ concert band pieces. It originated in the late 14th century as a pairing of dance tunes and grew in scope to comprise up to five dances, sometimes with ...
. He nevertheless received foreign decorations, notably the
Order of Tomáš Garrigue Masaryk
The Order of Tomáš Garrigue Masaryk ( cz, Řád Tomáše Garrigua Masaryka) is an Order of the Czech Republic and the former Czechoslovakia. It was established in 1990 after the Velvet Revolution, and re-established in 1994 (following the diss ...
(
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
) in 2001. and the
Order 8-September (
North Macedonia
North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Socialist Feder ...
) in 2006.
Hungarian PM Gets Macedonia's Top Award
/ref> As a longstanding activist for the abolition of the death penalty, Robert Badinter was appointed an honorary member of the International Commission Against the Death Penalty.
Personal life
Badinter married philosopher and feminist writer Élisabeth Bleustein-Blanchet, daughter of Marcel Bleustein-Blanchet
Marcel Bleustein-Blanchet (21 August 1906 – 11 April 1996) was a French entrepreneur and advertising magnate best known as the founder of Publicis Groupe.
He is also credited with inventing radio advertising in France, helped create the first ...
, who is the founder of Publicis
Publicis Groupe is a French multinational advertising and public relations company. One of the oldest and largest marketing and communications companies in the world by revenue, it is headquartered in Paris.
After 1945, the little-known Paris ...
.
Summary of political career
* President of the Constitutional Council of France
The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules ...
: 1986–1995.
*Political appointee:
* Minister of Justice : 1981–1986 (Resigned when named as President of the Constitutional Council of France
The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules ...
).
*Electoral office:
* Senator of Hauts-de-Seine
Hauts-de-Seine (; ) is a Departments of France, département in the Île-de-France Regions of France, region, Northern France. It covers Paris's western inner Banlieue, suburbs. It is bordered by Paris, Seine-Saint-Denis and Val-de-Marne to the e ...
: 1995–2011. Elected in 1995, reelected in 2004.
Bibliography
* ''L'exécution'' (1973), about the trial of Claude Buffet and Roger Bontems
* ''Condorcet, 1743–1794'' (1988), co-authored with Élisabeth Badinter
Élisabeth Badinter (née Bleustein-Blanchet; 5 March 1944) is a French philosopher, author and historian.
She is best known for her philosophical treatises on feminism and women's role in society. She is an advocate of liberal feminism and ...
.
* ''Une autre justice'' (1989)
* ''Libres et égaux : L'émancipation des Juifs (1789–1791)'' (1989)
* ''La prison républicaine, 1871–1914'' (1992)
* C.3.3 – ''Oscar Wilde ou l'injustice'' (1995)
* ''Un antisémitisme ordinaire'' (1997)
* ''L'abolition'' (2000), recounting his fight for the abolition of the death penalty in France
* ''Une constitution européenne'' (2002)
* ''Le rôle du juge dans la société moderne'' (2003)
* ''Contre la peine de mort'' (2006)
* ''Abolition: One Man's Battle Against the Death Penalty,'' English version of ''L'abolition'' (2000), translated by Jeremy Mercer
Jeremy Mercer (born 1971) is an author and journalist whose books include ''Time Was Soft There'' ( St. Martin's Press, New York, 2005) and ''When the Guillotine Fell'' ( St. Martin's Press, New York, 2008). He has also translated Robert Badinter's ...
, (Northeastern University Press, 2008)
* ''Les épines et les roses'' (2011), on his failures and successes as Minister of Justice
References
External links
Official page of Robert Badinter in the French Senate
*
*
''Vidéo:'' Robert Badinter
en 1976, il motive son engagement contre la peine de mort, une archive de la Télévision suisse romande
Télévision Suisse Romande ("Swiss Television Romandy") was a Television broadcasting, TV network with two channels: TSR 1 and TSR 2 (the two channels became RTS Un and RTS Deux after 2012). They were the main French language channels in Switz ...
*
''UHB Rennes II''
: Autour de l'oeuvre de Robert Badinter: Éthique et justice. Synergie des savoirs et des compétences et perspectives d'application en psychocriminologie. "journées d'étude les 22 et 23 mai 2008 à l'université Rennes 2, sur le thème 'Autour de l'œuvre de Robert Badinter: Éthique et justice'"], uhb.fr; accessed 12 March 2017.
, -
{{DEFAULTSORT:Badinter, Robert
1928 births
Fellows of the American Academy of Arts and Sciences
French anti–death penalty activists
20th-century French Jews
French Ministers of Justice
French people of Moldovan-Jewish descent
French Senators of the Fifth Republic
Human Rights League (France) members
LGBT rights activists from France
Living people
Politicians from Paris
Recipients of the Order of Tomáš Garrigue Masaryk
Socialist Party (France) politicians
Tibet freedom activists
Senators of Hauts-de-Seine
University of Paris alumni
Columbia University alumni