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Trivia: International Lawyers in Senior State Positions

Published on January 4, 2019        Author: 

Many thanks to those who suggested answers to my trivia question of earlier this week. I have put my responses as a comment to that post. I now have another question which relates to international lawyers who have held the highest offices of state.

There are quite a number of international lawyers who have gone on to hold cabinet level ministerial positions in national government. In the UK, we recently had the example of Dominic Raab who was Minister for Exiting the European Union in the second half of last year. He spent the early part of his career as a lawyer in the UK Foreign and Commonwealth office, including spending some time as Legal Adviser at the UK Embassy in The Hague. I do not know of another UK cabinet member who had authored articles in international law journals (the Leiden Journal of International Law and Journal of International Criminal Justice) en route to being in the Cabinet.

Elsewhere, there have been a number of Foreign Ministers who had previously been academic or practising international lawyers. A prominent example is Hans Blix, who went on to be Director of the International Atomic Agency, had a PhD in international law from Cambridge University, was an academic international lawyer at the University of Stockholm, before he became Foreign Minister of Sweden from 1978-79. Boutros Boutros-Ghali, who later became UN Secretary-General, had been Professor of International Law at Cairo University (and Visiting Professor in Paris) before becoming Acting Foreign Minister of Egypt also in the late 1970s. A couple of judges of the International Court of Justice have gone on to be Foreign Ministers of their countries. Nabil Elaraby, who had been a Judge at the ICJ (and before that member of the International Law Commission & Legal Adviser to the Egyptian Foreign Ministry) subsequently became Foreign Minister of Egypt for a brief period in 2011, before becoming Secretary-General of the Arab League that same year. Mohammed Bedjaoui, was President of the ICJ before becoming Foreign Minister of Algeria in 2005. Susana Ruiz Cerutti who was recently a candidate for election to the ICJ was briefly Foreign Minister of Argentina after (and before) spells as Legal Adviser to the Foreign Ministry.

These are all cabinet level government officials who previously had a career in international law. My question is whether there has been a head of state or head of government who before becoming such had been an academic or practising international lawyer. One has to define international lawyer though. My definition is that the person must either have published a book or article(s) on public international law; taught international law in a university; or practised public international law by holding a position that involves regularly advising on this branch of law.

To clarify, my question asks for people who were international lawyers before becoming head of state or government. I exclude those who turned to international law after holding these high offices. Sir Geoffrey Palmer QC who was Prime Minister of New Zealand from 1989 to 1990 later sat as an ad hoc Judge on the ICJ in the Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case (1995). After his political career, he wrote extensively on international law (see his SSRN page) on his return to academia, in addition to undertaking other international appointments that involved the application of international law. Though he had an academic career before going into the New Zealand Parliament, I do not think he had written on international law before his political career. One of the answers to my last set of trivia questions was Judge Mohamed Shahabuddeen who had a distinguished career in government in Guyana before embarking on his international judicial career. In addition to being Attorney General and Minister for Legal Affairs, he served as acting Foreign Minister from time to time and was also First Deputy Prime Minister and Vice-President of his country. However, as far as I can tell Judge Shahabuddeen only turned to international law after holding those senior positions in national government. So neither he nor Sir Geoffrey would be suitable answers to my question.

To repeat, the question is this:

Has there been a head of state or head of government who has been an academic or practising international lawyer before holding these high offices?

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The UN Human Rights Committee Disagrees with the European Court of Human Rights Again: The Right to Manifest Religion by Wearing a Burqa

Published on January 3, 2019        Author: 

It is perhaps unsurprising to observers of the UN Human Rights Committee’s (HRC) jurisprudence that in the recent decisions of Yaker v France and Hebbadi v France, the HRC came to the opposite conclusion to the European Court of Human Rights (ECtHR) regarding the compatibility of the so-called ‘French burqa ban’ with the right to manifest religion. In SAS v France, the ECtHR had found that although the French Loi no 2010–1192 interdisant la dissimulation du visage dans l’espace public of 11 October 2010, JO 12 October 2010 (herein after the ‘burqa ban’) interfered with the right to manifest religion, it did not constitute a violation of article 9 European Convention on Human Rights (ECHR) as it pursued the legitimate aim of ‘living together’ and fell within the State’s margin of appreciation (see my earlier post on this case). In contrast, in Yaker and Hebaddi, the HRC found that the same law violated not only article 18, the right to thought, conscience and religion, but also article 26 of the International Covenant on Civil and Political Rights (ICCPR), the right to equality before the law.

The HRC’s freedom of religion or belief jurisprudence has consistently diverged from that of the ECtHR when the right to manifest religion by wearing religious clothing is at issue. Both bodies have heard directly analogous cases, but while the HRC has found that restrictions on religious clothing justified by reference to either secularism or public order violate article 18 ICCPR, the ECtHR has deferred to the State’s margin of appreciation and declined to find a violation (see my earlier post on this blog). As a result, the HRC’s decisions in Yaker and Hebbadi were not entirely unexpected, especially as in its Concluding Observations on the fifth periodic report of France in 2015, the HRC had expressed ‘the view that these laws [including the burqa ban] infringe the freedom to express one’s religion or belief and that they have a disproportionate impact on members of specific religions and on girls’ (para 22). However, its decision in these cases remains noteworthy as a result of: its consideration of ‘living together’ as a legitimate aim under the article 18(3) ICCPR limitations clause; the HRC’s recognition that the burqa ban constituted intersectional discrimination; and the nuanced approach adopted to the gender equality argument. The analysis here will focus on Yaker, although the HRC’s reasoning in both cases is identical. Read the rest of this entry…

 

Trivia: Judges on Multiple International Tribunals

Published on January 2, 2019        Author: 

In previous posts (here and here) of some years ago, I noted the increasing number of judges elected to the International Court of Justice who had prior experience on another international tribunal. With the proliferation of international tribunals over the past couple of decades, this phenomenon of judges being elected to one international tribunal after having served in some judicial capacity on another appears to be on the increase. About 10 days ago, the United Nations General Assembly held elections for two judicial vacancies on the International Residual Mechanism for International Criminal Tribunals. The Assembly elected Yusuf Aksar of Turkey as a judge, but after  six rounds of balloting was unable to elect the second judge, with a further round of balloting to be held at date to be announced. Professor Aksar currently serves as an ad hoc judge of the European Court of Human Rights. This is the latest example of an international judge with prior international judicial experience. 

All of this leads me to wonder which international judge (by which I mean, judge of a standing international tribunal) has served on the most number of (standing) international tribunals. I can think of one judge who has sat on three international tribunals and two judges who have served on/been elected to  four.

My opening trivia questions for the new year are these:

  1. Which judge has served on the International Court of Justice; the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court?

  2. Which judge has been elected to the  International Court of Justice; the International Criminal Tribunal for the former Yugoslavia; the International Criminal Tribunal for Rwanda; and the International Criminal Court?

  3. Which judge has served on the  International Court of Justice; the International Criminal Tribunal for the former Yugoslavia; the International Criminal Tribunal for Rwanda; and the Appellate Body of the World Trade Organisation?

  4. Can anyone think of an international judge who has served on 5 or more standing international tribunals?

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