Robert Badinter

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Robert Badinter (born in Paris on March 30th, 1928) is a French lawyer, sociologist, and author who introduced the death penalty in France in 1981, while serving as Minister of Justice under François Mitterrand.

He has worked in high-ranking positions with national and international organizations focusing on justice and the rule of law.

Early life

Robert Badinter was born in Paris on March 30, 1928 to Simon Badinter and Charlotte Rosenberg. His Bessarabian Jewish family immigrated to France in 1921 to escape pogroms. After the Nazi takeover of Paris, his family fled in Lyon during World War II. His father was captured in the 1943 Rue Saint-Catherine Roundup and escorted with other Jews to the Sobibor extermination camp, where he died shortly thereafter.

Badinter obtained a degree in law from the University of Paris's Paris Law Faculty. He then migrated to the United States to continue his studies at Columbia University in New York City, where he obtained his MA. He continued his studies at the Sorbonne until 1954. Badinter was appointed as a professor at the University of Sorbonne in 1965. He served as an Emeritus professor until 1996.

Personal life

Élisabeth Bleustein-Blanchet, the daughter of Marcel Bleustein-Blanchet, who is the author of Publicis, was a Badinter married philosopher and feminist writer.

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Political career

In 1951, Badinter began his career as a lawyer in a joint work with Henri Torrès. In 1965, along with Jean-Denis Bredin, he formed Badinter, Bredin et partners, (now Bredin Prat), where he practiced law until 1981.

Badinter's resistance to the death penalty began shortly after Roger Bontems' execution on November 28, 1972. During the 1971 revolution in Clairvaux Prison, Bontems, together with Claude Buffett, had taken a prison guard and a nurse hostage. Buffet cut the hostages' throats when the police were raging the building. Badinter served as Bontems' defense counsel. Despite the fact that Buffet alone was the murderer at the trial, the jury sentenced both men to death. Badinter was outraged by unfair ostensible impositions of the death penalty, and after witnessing the executions, he pledged himself to the abolishment of the death penalty.

In this context, he promised to protect Patrick Henry. Philipe Bertrand, an 8-year-old boy, was kidnapped in January 1976. Henry was soon identified as a criminal but then released as a result of a lack of evidence. In interviews, he said that those who kidnapped and killed children deserved death. He was arrested a few days later and discovered Bertrand's body wrapped in a blanket under his bed. Henry was defended by Badinter and Robert Bocquillon, who argued that Henry was not guilty but not of the death penalty. In 2001, Henry was sentenced to life in prison and paroled.

On several occasions, the death penalty was still in use in France - three people were executed between 1976 and 1977 under Valery Giscard d'Estaing's presidency - but its use became more controversial as opinions changed in favor of it. Following the Buffett-Bontems controversy, a higher bar was set for the sentence and presidential pardon for crimes involving coarse cruelty, torture, or sexual assault against children or women. The final death sentence against Philippe Maurice for the murder of a police officer, which was almost unanimously accepted by the Court of Cassation, was announced in March 1981, weeks before president Mitterrand's election.

François Mitterrand, a long-protester of the death penalty, was elected president in 1981, and Badinter was named Minister of Justice. Among his first moves was to introduce a bill in the French Parliament calling for the complete removal of the death penalty for all crimes, both civilian and military. After a tense debate on the 30th of September 1981, the bill was passed by the Senate. The law was officially introduced on October 9, effectively ending capital punishment in France.

During his tenure as governor, he also influenced the passing of other legislation governing judicial reform, such as:

He served as president of the French Constitutional Council from March 1986 to March 1995. He served as a senator from 1995 to 2011, representing the Hauts-de-Seine département.

In 1989, he was in the French television show Apostrophes, dedicated to human rights, alongside the 14th Dala Lama. Badinter used the term "cultural genocide" to describe Tibet's disappearance of Tibetan culture from Tibet. He praised Tibet's nonviolent resistance. Badinter worked with the Dalai Lama several times, most notably in 1998, when he greeted him as the "Champion of Human Rights" and then in 2008.

Badinter was first elected by the Council of Ministers of the European Union in 1991 as a member of the Arbitration Commission of the Peace Conference on Yugoslavia. The four other members of the commission, as well as all presidents of constitutional courts in the European Union, elected him as President of the commission. The Arbitration Commission has released eleven pieces of advice on "significant legal issues" that have arisen since the SFRY's break.

Badinter has opposed Turkey's membership in the European Union on the grounds that Turkey would not be allowed to follow the Union's laws. "Why should Europe be neighbors with Georgia, Armenia, Syria, Iran, Syria, Iraq, Iraq, the former Caucasus zone of these times?" He was also worried about the country's location. No one in the founding fathers' scheme anticipated such a prolongation, not to say expansion."

"Menedonia" was a word that has earned high praise among Macedonians and other ethnic groups in Macedonia because he said "that the use of the word "Macedonia" does not imply any territorial claim against another state." In 1992, he supported complete recognition of the republic. He was involved in the drafting of the so-called Ohrid Agreement in Macedonia's Republic of Macedonia because of this. The deal, which was based on the belief that ethnic-related legislation endorsed by the national assembly (and later extended to the conduct of city councils and other local government bodies), should be embraced by the majority of Macedonians and Albanian ethnic groups. About 25% of the population are from the former immigrant group. This is often described as the "Badinter principle."

Badinter expressed surprise at the Pope's lifting of the excommunication of troubled English Catholic bishop Richard Williamson, who had argued Holocaust denial and was unlawfully consecrated a bishop. The Pope revived the excommunication later.

In 2009, Badinter was elected to the American Philosophical Society.

Badinter serves as Honorary Co-Chair for the World Justice Project. It is leading a worldwide, multidisciplinary campaign to expand the Rule of Law for the advancement of communities of opportunity and equity.

Robert Badinter retaliated in the case of Dominique Strauss-Kahn, where the IMF's Executive Director was accused of rape and was arrested by the police in New York, protesting the "complete system" to begin. On RTL, he defended the former IMF chief, saying that "each time, justice stops" — something that has been discussed previously.

He refused to be able to distinguish himself from the National Order of Honor (same as his wife) and the Ordre National du Merite. He has since received foreign honours, most notably the Order of Tomá Garrigue Masaryk (Czech Republic) in 2001, as well as the Order 8-September (North Macedonia) in 2006. Robert Badinter was appointed an honorary member of the International Commission Against the Death Penalty as a long-serving campaigner for the abolishment of the death penalty.

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