Hersch Lauterpacht

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Hersch Lauterpacht
Hersch lauterpacht.jpg
Born (1897-08-16)16 August 1897
Zhovkva, Kingdom of Galicia and Lodomeria
Died 8 May 1960(1960-05-08) (aged 62)
London, England
Occupation Judge of the international court of justice

Sir Hersch Lauterpacht QC (16 August 1897 – 8 May 1960) was was born in 1897 in the small town of Zolkiew, then part of the Austro-Hungarian empire, near the Austrian city of Lemberg, the capital of East Galicia, later the Polish city of Lwow, now Lviv in western Ukraine. In 1911 his family moved to Lemberg. In 1915 he enrolled in the law school of the university of Lemberg, later the Polish Jan Kazimierz university; it is not clear whether he graduated. Lauterpacht himself later wrote that he had not been able to take the final examinations “because the university has been closed to Jews in Eastern Galicia.” He then moved to Vienna, and then London, where he became an international lawyer.

By 1937 he had written several books on international law. Lauterpacht was a member of the United Nations' International Law Commission from 1952 to 1954 and a Judge of the International Court of Justice from 1955 to 1960. In the words of former ICJ President Stephen M. Schwebel, Judge Sir Hersch Lauterpacht's "attainments are unsurpassed by any international lawyer of this century [...] he taught and wrote with unmatched distinction".[1] Sir Hersch's writings and (concurring and dissenting) opinions continue, nearly 50 years after his death, to be cited frequently in briefs, judgments, and advisory opinions of the World Court. He famously said "international law is at the vanishing point of law."[2]

The Lauterpacht Centre for International Law at the University of Cambridge in the United Kingdom is named after him. His son, Sir Elihu Lauterpacht, CBE, QC, who founded the Centre, was its first director and remains actively involved in its work as Director Emeritus and an Honorary Professor of International Law.

Hersch Lauterpacht obtained a PhD degree from the London School of Economics in 1925, writing his dissertation on Private Law Sources and Analogies of International Law, published in 1927.[3]

Samuel Moyn has suggested that Lauterpacht was one of the few international lawyers actively campaigning for human rights in the late 1940s, and that he had "denounced the Universal Declaration as a shameful defeat of the ideals it grandly proclaimed."[4]

Major works[edit]

See also[edit]

References[edit]

  1. ^ S.M. Schwebel, International Arbitration: Three Salient Problems, xiii (Hersch Lauterpacht Memorial Lectures 1987)
  2. ^ William Elliott Butler (1991). Control Over Compliance With International Law. Martinus Nijhoff Publishers. p. 195. ISBN 0-7923-1025-X. 
  3. ^ http://www.judicialmonitor.org/archive_1206/leadingfigures.html
  4. ^ Moyn, Samuel (2014). Human rights and the uses of history. New York: Verso. ISBN 9781781682630. 

Further reading[edit]

  • Koskenniemi, Martti (2004). "Hersch Lauterpacht (1897–1960)". In Beatson, J.; Zimmermann, R. Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain. New York: Oxford University Press. pp. 601–661. ISBN 0-19-927058-9. 
  • Marrus, Michael R. "Three Roads From Nuremberg", Tablet magazine; Nov. 20, 2015.
  • Christopher R. Browning, "The Two Different Ways of Looking at Nazi Murder" (review of Philippe Sands, East West Street: On the Origins of "Genocide" and "Crimes Against Humanity", Knopf, 425 pp., $32.50; and Christian Gerlach, The Extermination of the European Jews, Cambridge University Press, 508 pp., $29.99 [paper]), The New York Review of Books, vol. LXIII, no. 18 (November 24, 2016), pp. 56–58. Discusses Hersch Lauterpacht's legal concept of "crimes against humanity", contrasted with Rafael Lemkin's legal concept of "genocide". All genocides are crimes against humanity, but not all crimes against humanity are genocides; genocides require a higher standard of proof, as they entail intent to destroy a particular group.
  • Sands, Philippe, East West Street, Weidenfeld & Nicholson, 2016

External links[edit]