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Remembering France’s Minister of Justice Who Was Shaped by Holocaust Past
Robert Badinter was 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. Photo: Wikimedia Commons.
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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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
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