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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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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
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