Robert Badinter
Encyclopedia
Robert Badinter is a high-profile French criminal
lawyer, university professor and politician mainly known for his struggle against the death penalty, the abolition of which he successfully sponsored in Parliament in 1981. A member of the Socialist Party (PS), he served as Minister of Justice
and then President of Constitutional Council
under François Mitterrand
.
He is currently a Senator
for the Hauts-de-Seine
département.
In this context, and as a lawyer, he accepted to defend Patrick Henry. In January 1976, 8-year old Philipe Bertrand was kidnapped. Patrick Henry was suspected very soon, 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 young Philippe's corpse hidden in a blanket under his bed. Badinter and Robert Bocquillon defended Henry, making a case not in favour of Henry, but against the death penalty. The defence won, and Henry was sentenced to life imprisonment, though he was paroled in 2001.
The death penalty was again applied in France later on, but it became a public matter. Between 1976 and 1981, three people were executed.
was elected president, and Badinter became the Minister of Justice
. Among his first actions was a bill to the French Parliament
that abolished the death penalty for all crimes, which the Parliament voted after heated debate on 30 September 1981.
During his mandate, he also passed several laws, such as:
He remained a minister until 18 February 1986.
for the Hauts-de-Seine
département.
In 1991, he was appointed by the Council of Ministers of the European Community as a member of the Arbitration Commission of the Peace Conference on the former Yugoslavia
. He was elected as President of the Commission by the four other members, all Presidents of constitutional courts in the European Community. The Arbitration Commission has rendered eleven advices on "major legal questions" arisen by the split of the SFRY.
In 1989, Robert Badinter participated to the famous French television program Apostrophes, devoted to human rights, in the presence of the 14th Dalaï Lama. Talking about the disappearance of the Tibetan culture
in Tibet, Robert Badinter used the term "cultural genocide
" and lauded the exemplarity of the Tibetan nonviolent resistance.
Robert Badinter met the Dalai Lama many times, in particular in 1998 when he greeted the Dalai Lama as the "Champion of Human Rights" and in 2008.
He recently opposed the accession of Turkey
to the European Union
, on the grounds that Turkey might not be able to follow the rules of the Union. Also, the geographic setting of Turkey makes it a bad candidate according to Badinter: "Why should Europe be neighbour with Georgia
, Armenia, Syria
, Iran, Iraq
, the former Caucasus
, 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 huge authority among Macedonians and other ethnic groups in Republic of Macedonia because he recommended "that the use of the name `Macedonia' cannot therefore imply any territorial claim against another State" and, therefore, full recognition in 1992 http://www.ejil.org/journal/Vol4/No1/art8-02.html. Because of that, he was involved in drafting the so-called Ohrid Agreement
in Republic of Macedonia. The principle in this agreement that ethnic related proposals in the national assembly (and later on in the city councils and other local government bodies) should be supported by a majority of both ethnic groups is often called the "Badinter principle". He was elected a Foreign Honorary Member of the American Academy of Arts and Sciences
in 2006.
A made-for-television film – L'Abolition (The Abolition) – was broadcast on the France 2
channel in two parts in January and February 2009 with Charles Berling
in the role of Robert Badinter. The film focuses on Badinter's attempts to save the lives of both Roger Bontems and Patrick Henry and his fight to have the death penalty abolished in France.
In 2009, he expressed dismay at the lifting of the excommunication of controversial bishop Richard Williamson.
. The World Justice Project
works to lead a global, multidisciplinary effort to strengthen the Rule of Law
for the development of communities of opportunity and equity.
n Jewish family, that immigrated to France in 1921; during the World War II his father was deported from Lyon and perished in the concentration camp Sobibor. He is married to the feminist writer Élisabeth Badinter
, the daughter of Marcel Bleustein-Blanchet, the founder of Publicis.
: 1986–1995.
Governmental function
Minister of Justice : 1981–1986 (Resignation, became President of the Constitutional Council of France
).
Electoral mandate
Senate of France
Senator of Hauts-de-Seine
: 1995-2011. Elected in 1995, reelected in 2004.
La page de Robert Badinter sur le site du Sénat Vidéo: Robert Badinter en 1976, il motive son engagement contre la peine de mort, une archive de la Télévision suisse romande
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.".]
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
lawyer, university professor and politician mainly known for his struggle against the death penalty, the abolition of which he successfully sponsored in Parliament in 1981. A member of the Socialist Party (PS), he served as Minister of Justice
Minister of Justice (France)
The Ministry of Justice is controlled by the French Minister of Justice , a top-level cabinet position in the French government. The current Minister of Justice is Michel Mercier...
and then President of Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
under François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
.
He is currently a Senator
French Senate
The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first...
for the Hauts-de-Seine
Hauts-de-Seine
Hauts-de-Seine is designated number 92 of the 101 départements in France. It is part of the Île-de-France region, and covers the western inner suburbs of Paris...
département.
Death penalty
In 1965, along with Jean-Denis Bredin, Badinter founded the law firm Badinter, Bredin et partenaires (now known as Bredin Prat), where he practiced until 1981. Badinter's struggle 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. During the police storm, Buffet slit the throat of the hostages. Badinter was the attorney for Bontems, and although it was established during the trial that Buffet alone was the murderer, the jury still decided to sentence both men to death. Applying the death penalty to a person who had not killed outraged Badinter to the point that he dedicated himself to the abolition of the death penalty.In this context, and as a lawyer, he accepted to defend Patrick Henry. In January 1976, 8-year old Philipe Bertrand was kidnapped. Patrick Henry was suspected very soon, 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 young Philippe's corpse hidden in a blanket under his bed. Badinter and Robert Bocquillon defended Henry, making a case not in favour of Henry, but against the death penalty. The defence won, and Henry was sentenced to life imprisonment, though he was paroled in 2001.
The death penalty was again applied in France later on, but it became a public matter. Between 1976 and 1981, three people were executed.
Ministerial mandate (1981–1986)
In 1981, François MitterrandFrançois Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
was elected president, and Badinter became the Minister of Justice
Minister of Justice (France)
The Ministry of Justice is controlled by the French Minister of Justice , a top-level cabinet position in the French government. The current Minister of Justice is Michel Mercier...
. Among his first actions was a bill to the French Parliament
Government of France
The government of the French Republic is a semi-presidential system determined by the French Constitution of the fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic"...
that abolished the death penalty for all crimes, which the Parliament voted after heated debate on 30 September 1981.
During his mandate, he also passed several laws, such as:
- Abolition of the "juridictions d'exception" ("exceptional trials"), like the Cour de Sûreté de l'État ("Security Court of the State") and the military tribunals in time of peace.
- Consolidation of private liberties (such as the lowering of the age of consentAge of consentWhile the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for homosexual sex to that for heterosexual sex) - Improval of the Rights of Victims (any convicted person can make an appeal before the European Commission for Human Rights and the European Court for Human Rights)
- Development of sentences without a loss of liberty (like general interest work for minor petty crimes)
He remained a minister until 18 February 1986.
1986–1992
From March 1986 to March 1995 he was president of the French Constitutional Council, and since the 24th of September 1995 he has been a senatorFrench Senate
The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first...
for the Hauts-de-Seine
Hauts-de-Seine
Hauts-de-Seine is designated number 92 of the 101 départements in France. It is part of the Île-de-France region, and covers the western inner suburbs of Paris...
département.
In 1991, he was appointed by the Council of Ministers of the European Community as a member of the Arbitration Commission of the Peace Conference on the former Yugoslavia
Arbitration Commission of the Peace Conference on the former Yugoslavia
The Arbitration Commission of the Conference on Yugoslavia was a commission set up by the Council of Ministers of the European Economic Community on 27 August 1991 to provide the Conference on Yugoslavia with legal advice...
. He was elected as President of the Commission by the four other members, all Presidents of constitutional courts in the European Community. The Arbitration Commission has rendered eleven advices on "major legal questions" arisen by the split of the SFRY.
Recent times
He continues his struggle against the death penalty in China and the United States of America, petitioning officials and militating in the World Congress against Death Penalty.In 1989, Robert Badinter participated to the famous French television program Apostrophes, devoted to human rights, in the presence of the 14th Dalaï Lama. Talking about the disappearance of the Tibetan culture
Tibetan culture
Tibetan culture developed under the influence of a number of factors. Contact with neighboring countries and cultures- including Nepal, India and China - have influenced the development of Tibetan culture, but the Himalayan region's remoteness and inaccessibility have preserved distinctive local...
in Tibet, Robert Badinter used the term "cultural genocide
Cultural genocide
Cultural genocide is a term that lawyer Raphael Lemkin proposed in 1933 as a component to genocide. The term was considered in the 1948 United Nations Declaration on the Rights of Indigenous Peoples juxtaposed next to the term ethnocide, but it was removed in the final document, replaced with...
" and lauded the exemplarity of the Tibetan nonviolent resistance.
Robert Badinter met the Dalai Lama many times, in particular in 1998 when he greeted the Dalai Lama as the "Champion of Human Rights" and in 2008.
He recently opposed the accession of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
to the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, on the grounds that Turkey might not be able to follow the rules of the Union. Also, the geographic setting of Turkey makes it a bad candidate according to Badinter: "Why should Europe be neighbour with Georgia
Georgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
, Armenia, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
, Iran, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, the former Caucasus
Caucasus
The Caucasus, also Caucas or Caucasia , is a geopolitical region at the border of Europe and Asia, and situated between the Black and the Caspian sea...
, 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 huge authority among Macedonians and other ethnic groups in Republic of Macedonia because he recommended "that the use of the name `Macedonia' cannot therefore imply any territorial claim against another State" and, therefore, full recognition in 1992 http://www.ejil.org/journal/Vol4/No1/art8-02.html. Because of that, he was involved in drafting the so-called Ohrid Agreement
Ohrid Agreement
The Ohrid Framework Agreement was the peace deal signed by the government of the Republic of Macedonia and ethnic Albanian representatives on August 13, 2001...
in Republic of Macedonia. The principle in this agreement that ethnic related proposals in the national assembly (and later on in the city councils and other local government bodies) should be supported by a majority of both ethnic groups is often called the "Badinter principle". He was elected a Foreign Honorary Member of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
in 2006.
A made-for-television film – L'Abolition (The Abolition) – was broadcast on the France 2
France 2
France 2 is a French public national television channel. It is part of the state-owned France Télévisions group, along with France 3, France 4, France 5 and France Ô...
channel in two parts in January and February 2009 with Charles Berling
Charles Berling
Charles Berling is a French actor, director, scenario writer and producer born on April 30, 1958 in Saint-Mandé in Val de Marne .-Biography:Son of a marine physician, he is also the nephew of the literary critic Raymond Picard...
in the role of Robert Badinter. The film focuses on Badinter's attempts to save the lives of both Roger Bontems and Patrick Henry and his fight to have the death penalty abolished in France.
In 2009, he expressed dismay at the lifting of the excommunication of controversial bishop Richard Williamson.
World Justice Project
Robert Badinter serves as an Honorary Co-Chair for the World Justice ProjectWorld Justice Project
-Mainstreaming:The World Justice Project holds action-oriented meetings with leaders from a range of fields to mainstream rule of law advancement and make strengthening the rule of law as fundamental to the thinking and work of all professionals as it is to lawyers...
. The World Justice Project
World Justice Project
-Mainstreaming:The World Justice Project holds action-oriented meetings with leaders from a range of fields to mainstream rule of law advancement and make strengthening the rule of law as fundamental to the thinking and work of all professionals as it is to lawyers...
works to lead a global, multidisciplinary effort to strengthen the Rule of Law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
for the development of communities of opportunity and equity.
Personal life
Robert Badinter comes from a BessarabiaBessarabia
Bessarabia is a historical term for the geographic region in Eastern Europe bounded by the Dniester River on the east and the Prut River on the west....
n Jewish family, that immigrated to France in 1921; during the World War II his father was deported from Lyon and perished in the concentration camp Sobibor. He is married to the feminist writer Élisabeth Badinter
Élisabeth Badinter
Élisabeth Badinter is a French author, feminist, historian, and professor of Philosophy at the École Polytechnique in Paris....
, the daughter of Marcel Bleustein-Blanchet, the founder of Publicis.
Political career
President of the Constitutional Council of FranceConstitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
: 1986–1995.
Governmental function
Minister of Justice : 1981–1986 (Resignation, became President of the Constitutional Council of France
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
).
Electoral mandate
Senate of France
Senator of Hauts-de-Seine
Hauts-de-Seine
Hauts-de-Seine is designated number 92 of the 101 départements in France. It is part of the Île-de-France region, and covers the western inner suburbs of Paris...
: 1995-2011. Elected in 1995, reelected in 2004.
External links
La page de Robert Badinter sur le site du Sénat Vidéo: Robert Badinter en 1976, il motive son engagement contre la peine de mort, une archive de la Télévision suisse romande
Télévision Suisse Romande
Télévision Suisse Romande is a TV network with 2 channels: TSR 1 and TSR 2. They are the main French language channels in Switzerland, part of SRG SSR idée suisse...
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.".]