Remembering France’s Minister of Justice Who Was Shaped by Holocaust Past

Until 1981, the guillotine continued to be used as the means of implementing death sentences in France. However, in that year, France abolished the death penalty. The person who played a pivotal role in achieving this outcome was a Jewish lawyer, Robert Badinter, who had just been named Minister of Justice by the newly-elected President François Mitterand.

Badinter, who died at age 95 on February 9, was a renowned lawyer, a politician, and a historian. He was proud of his Jewishness.

Some years ago, I had the honor of meeting Badinter here in Washington at a lunch organized by B’nai B’rith during one of Badinter’s tours of the United States in his unsuccessful effort to persuade Americans to follow France’s example and eliminate the death penalty. Sitting next to Badinter for a couple of hours, speaking in my native French, I discovered a brilliant exponent for liberal causes.  Even though we did not agree on much, we got along famously.

Our common interests in the law, about history, and in matters Jewish made conversation easy.  The fact that the bushy eyebrowed lawyer, whose family came from Bessarabia in Eastern Europe, looked strikingly like one of my uncles, made me feel a certain closeness to Badinter.

Indeed, his family’s history is a reflection of both the suffering of the Jewish people in the 20th century and the success that Jews have experienced in the Western world. His immigrant parents met in France, married and had two sons, of which Robert was the younger. When Nazis occupied France in 1940, in an effort to evade German persecution, the family left Paris and moved south. Unfortunately, in 1943, Badinter’s father was arrested by Klaus Barbie, the sadistic SS officer in charge of the region, and was sent to Sobibor, where he was murdered.

Following the liberation of France, Badinter went on to study law. As a criminal lawyer, he defended a number of murderers and attended the execution of one of them. That experience turned him into a ferocious opponent of the death penalty. His opposition bore fruit when, having been named Minister of Justice, he was able to persuade the French National Assembly to vote for the abolition of the death penalty in spite of significant public dissent.

He also championed other causes, including, in particular, the decriminalizing of homosexuality. At the end of his term as Minister of Justice, for nine years he served as President of France’s Constitutional Council, effectively its Supreme Court.

While pursuing his legal and political career, he became an author. He most notably wrote an important book regarding the grant of equality to French Jews during the French Revolution. He also wrote a book that was significantly less laudatory of France. That book, entitled An Ordinary Antisemitism, focused on the role of the Paris Bar during the German occupation. In meticulous detail, Badinter described the complicity of the Paris Bar in the implementation of the discriminatory laws which sought to strip the vast majority of Jewish lawyers of their right to practice law.

In an annual lecture that I give to law students at the Holocaust Museum, I cite Badinter’s book as an example of how lawyers can lose their moral compasses when they get too focused on the details of law practice and fail to keep their eyes on the moral components of the law. My reference to Badinter’s research invariably has an impact on my audience.

Most recently, Badinter wrote a moving book about his grandmother, Idriss, who had immigrated to France in response to the pogroms in her native Bessarabia. He wrote with affection and respect of the struggles of the immigrant generation in adapting to life in a new land. Not surprisingly, the book struck a chord with the French public and was widely read.

All of Badinter’s accomplishments have had a profound impact on France. His importance to France is such that he will be given a special public tribute by President Macron. It is possible that he will ultimately be buried in the Pantheon in Paris, the mausoleum in which France’s greatest heroes are interred. Only three other Jews have been similarly honored to date.

While all of Badinter’s accomplishments are an eloquent memorial to a distinguished Frenchman, I will always remember him by reason of an exchange we had at our lunch. When speaking about the Holocaust and his family’s suffering, he noted that, as the son of a martyred father, he had had an uncommon opportunity to rectify a terrible wrong. In 1983, while he was Minister of Justice, Klaus Barbie, the man who had arrested and sent Badinter’s father to his death at Sobibor, was found in Bolivia and extradited to France. Badinter told me that, in memory of his father’s suffering, he decided that it would be appropriate to reopen the abandoned prison in which his father had been incarcerated by Barbie, and that he sent Barbie there to serve out a life sentence.

But I also noted that, even though Barbie had been previously sentenced to death in absentia, long before the abolition of the death penalty (and notwithstanding his personal desire to avenge his father), Badinter stood by his opposition to the death penalty and did not wish nor seek to have his father’s killer executed. He thereby demonstrated a rare willingness to place principle over the powerful personal desire to avenge the brutal death of a beloved parent.

Badinter was an important French political figure, a brilliant lawyer, an erudite historian, and a man of principle. He was, as President Macron stated recently, “a man of great significance.”

Gerard Leval is a partner in the Washington, D.C., office of a national law firm. He is the author of Lobbying For Equality, Jacques Godard and the Struggle for Jewish Civil Rights during the French Revolution, published by HUC Press. 

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