Showing posts with label Thomas Buergenthal. Show all posts
Showing posts with label Thomas Buergenthal. Show all posts

Judge Vaz stands alone (for now)

IntLawGrrls is a frequent site for discussions about gender, women judges, and international justice. It was a theme in our recent Kampala series, of course, and the central consideration in posts by guests like Patricia M. Wald (here) and Nienke Grossman (here).
In that light, this bears note:
As is evident from the photo array available here, Andrésia Vaz of Senegal (right) is currently the lone woman out of 16 permanent judges at the International Criminal Tribunal for the former Yugoslavia (logo above left).
Even that's better than the status quo elsewhere at The Hague.
As we've posted, the International Court of Justice (logo above middle) is a male-only bench, as it has been from its inception save the years that Rosalyn Higgins, now retired, served. In a recent ASIL Insight, our colleague Natalya Scimeca laid out the process by which the 2 ICJ vacancies are to be filled. In so doing, she noted that China's national group "has apparently nominated Madam Xue Hanqin [left], who is currently the Chinese Ambassador to the Association of Southeast Asian Nations (ASEAN) and a member of the International Law Commission," to replace the departing ICJ judge from China. No word yet on the nomination by the U.S. national group. Scimeca, who clerked for Judge Thomas Buergenthal, retiring after a decade on the ICJ, made this comment about the possibility that no woman might be chosen for either ICJ vacancy:

This would be unfortunate at a time when the Court's supporters seek to justify its continuing relevance and its unique status within the international legal realm.

(See news update in post above)

ICJ ELECTS NEW PRESIDENT



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.

 
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