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Home Archive for category "EJIL Trivia" (Page 3)

More International Law Trivia

Published on December 20, 2011        Author: 
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Following my posts (here and here) about elections to the International Court of Justice of judges who had previously been on another international tribunal, I have another question for readers. Giorgio Gaja who was elected to the ICJ last month (see here) is currently an ad hoc  judge in the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case. He had also been ad hoc judge in three previous ICJ cases. The question is:

Which judges of the ICJ had served as ad hoc judges at the ICJ prior to their election to the ICJ?

Note that I am asking for ICJ judges who were appointed ad hoc judges before they became full time judges on the ICJ. I am excluding those ad hoc judges who were appointed as such after they had been ICJ judges. There are many in the latter category. Gilbert Guillaume, former ICJ president is currently an ad hoc judges in three cases now before the Court. Read the rest of this entry…

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Prior International Judicial Experience and Election to the ICJ – The Answers

Published on December 16, 2011        Author: 
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In my post of yesterday I tried to come up with a bit of international law trivia. I asked readers to come with names of ICJ Judges who had been on international tribunals prior to their election to the ICJ. You can see the answers readers came up with in the comments to that post. Many thanks to Martin for noting that Judge Buergenthal was at the ICTY previously. Thanks also Wim Muller for pointing out that Mohamed Bennouna, also currently on the ICJ, also had prior experience of another international tribunal before election to the ICJ. This means that when Judge Sebutinde takes up her position at the Court, there will be three ICJ judges (together with Judge Antonio Cancado Trindade) serving on the bench at the same time who had earlier been judges at other international tribunals. This compares with around 5 previous ICJ judges who had served on international tribunals prior to election to the ICJ.

Thanks also to Tobias and Markos for the names of Lord McNair and Judge Mbaye. However, as Tobias and Markos note, these are examples of Judges going on to international tribunals after they left the ICJ.

The names of other ICJ judges with prior international judicial experience are Sir Humphrey Waldock, who was a Judge and President of the European Court of Human Rights prior to going to the ICJ and President Guerrero who was the first President of the ICJ. The last one is particularly tricky as Judge Guerrero was the last President of the Permanent Court of International Justice. Judge Guerrero was also Vice President of both the PCIJ and the ICJ. Though the ICJ was the continuation of the PCIJ they were technically separate courts so he counts as one who was another international tribunal prior to election to the ICJ.

Other Judges with experience of international judicial or quasi-judicial tribunals prior to going to the ICJ would be Judge Petren (Sweden) who had been a member (and President) of the European Commission of Human Rights and a Judge at the United Nations Administrative Tribunal. Incidentally, Waldock had also been member and President of the European Commission of Human Rights before going to the ECtHR and the ICJ. Judge Higgins had also been a member of the Human Rights Committee before election to the ICJ. I don’t count judges who had served on international arbitral tribunals or conciliation commissions as they were not standing courts or tribunals.

It is interesting to see that most of the British Judges at the ICJ have either had prior international judicial experience or gone to an international tribunal after leaving the ICJ. The exceptions are Hersch Lauterpacht (who sadly died while at the ICJ) and Robert Jennings.

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Prior International Judicial Experience and Election to the ICJ

Published on December 15, 2011        Author: 
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In my previous post on the election of Julia Sebutinde I noted that she is currently a judge at the Special Court of Sierra Leone. This got me thinking about whether there were other judges elected to the ICJ having previously served on another international tribunal. It is not uncommon for persons who have served as senior national judges to be elected to the ICJ. Julia Sebutinde is one having been a high court judge in Uganda. On the current ICJ bench, Sir Kenneth Keith (New Zealand) and Ronny Abrahams (France) have also had national judicial experience at the highest levels. There have also been cases of ICJ judges then going on to serve in other international tribunals after leaving the ICJ. Mohammed Shahabuddeen went to the ICTY after leaving the ICJ. Sir Gerald Fitzmaurice went on to become a judge at the European Court of Human Rights after leaving the ICJ. Also judges have moved from the ad hoc international criminal tribunals to the ICC.

On the current ICJ bench there is one judge that had served on an international tribunal prior to election to the ICJ. This is Antônio  Cançado Trindade who had been President of the Inter-American Court of Human Rights? But have there been others? One suspects that with the proliferation of international tribunals we will see more cases of ICJ judges having prior experience of working as an international judge. In the past, with few international tribunals, the opportunities were limited. Having said this Judges Cancado Trinidade and Sebutinde are not the first ICJ judges to have been judges on other international tribunals before going to the ICJ. Read the rest of this entry…

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Who is Party to the Geneva Convention but not a Member of the UN?

Published on August 19, 2010        Author: 
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Last week (Aug 12) was the 61st anniversary of the adoption of the 1949 Geneva Conventions on the protection of victims of armed conflict. The Geneva Conventions are the most widely ratified treaties with 194 parties to each of the four conventions. The next most widely ratified treaty is the Convention on the Rights of the Child with 193 States parties and then comes the UN Charter with 192 parties. This summer I taught a course on “International Law and Armed Conflict” as part of the Oxford Masters in International Human Rights Law. I mentioned the statistics above in class and one student asked who are the two States that are parties to the Geneva Convention but not members of the UN. I thought long and hard (not too long though as the class had to go on) but couldn’t come up with an answer. The next day one student came up with one of the States but I still wasn’t able to think of the other State. So I’m now throwing the question out to readers: Which States are parties to the Geneva Conventions of 1949 but not members of the UN?

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Filed under: EJIL Analysis, EJIL Trivia