On February 6, 2009, the ICJ elected President Hisashi Owada, a national of Japan. President Owada has been a Member of the Court since February 6, 2003. Click here for Judge Owada’s biographical information.
Pro-Active Approach to Fact-Finding?
Judge Owada’s separate opinion in the Oil Platforms Case (Iran v. United States) is notable for revealing his concern over unequal access to documents between State Parties and the limitations on the Court’s ability to establish and assess facts. In his separate opinion, Owada asks whether the Court should have taken a more pro-active position to fact-finding.
Judge Owada’s approach to fact-finding is likely to be tested during his ICJ presidency. Currently pending on the ICJ docket are fourteen cases, including the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), a case which, like the earlier Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro), will present serious fact-finding challenges for the Court. (Prior posts here and here and here.)
Judge Owada will be speaking at the Plenary Panel Discussion, “International Law as Law at the International Court of Justice: Looking Ahead and Looking Back,” of the upcoming 103rd ASIL Annual Meeting (March 25-March 28, 2009). He will be joined by ICJ colleagues Judge Thomas Buergenthal and Judge Bruno Simma at the Plenary Session on Friday, March 27, 2009.
Departure of Rosalyn Higgins
President Owada replaces Judge Rosalyn Higgins, a national of the United Kingdom. Judge As IntLawGrrrls have posted, Higgins will be leaving the Court after having served as a Member of the Court since July 12, 1995. Judge Higgins will be joined by another former President of the ICJ, Judge Stephen Schwebel, as keynote speaker for the ASIL-ILSA Dinner Celebrating the Jessup Competition 50th Anniversary on Friday, March 27, 2009.
