Sir Hersch LauterpachtQC (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice.
Hersh Lauterpacht was born on 16 August 1897 to a Jewish family in the small town of Żółkiew, in the Austro-Hungarian Empire (now Ukraine), near Lemberg (now Lviv), the capital of East Galicia. In 1911 his family moved to Lemberg. In 1915 he enrolled in the law school of the University of Lemberg; 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. He obtained a PhD degree from the London School of Economics in 1925, writing his dissertation on "Private law analogies in international law",[1] which was published in 1927.[2][3]
By 1937 he had written several books on international law. He assisted in the prosecution of the defendants at the Nuremberg trials - helping to draft the British prosecutor's (Hartley Shawcross) speech.[4] 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".[5] 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".[6]
Samuel Moyn has suggested that Hersch 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".[8] In the aftermath of the Holocaust Lauterpacht’s thinking also included the question how this unpreceded event could be properly met by an international law, which was based on established rules and precedents. When asked about the possibilities of the newly established state of Israel to claim citizenship for deceased Jewish victims of the Holocaust, Lauterpacht ambivalently stated that although this was not possible according to the present state of international law, it would only be an extraordinary reaction to an unprecedented event in history.[9]
In 1948, Lauterpacht was asked by Yishuv diplomats to consider the legal basis for Israel's independence or write a declaration of independence for Israel. By May 1948, Lauterpacht had produced a two-part document that amounted to a declaration of independence. Some of Lauterpacht's draft was incorporated into what would ultimately become the ultimate draft of Israel’s Declaration of Independence.[10]
Private Law Sources and Analogies of International Law, London, 1927;
The Function of Law in the International Community, Oxford, 1933;
An International Bill of the Rights of Man, Oxford, 1945;
Recognition in International Law, Cambridge, 1947;
The Development of International Law by the International Court, London, 1958;
Oppenheim's International Law, Vol. 1, 8th ed., 1958;
Sir Gerald Fitzmaurice, , Part I. 37 British Yearbook of International Law 1-72, 1961; Part II, 38 British Yearbook of International Law 1-84, 1962; Part III, 39 British Yearbook of International Law 133-189, 1963
Annual Digest and Reports of Public International Law Cases, Vols. 1–16, subsequently continued as International Law Reports, Vols. 17–24
as reviewed by H.E. Former ICJ President Stephen M. Schwebel, in 99 American Journal of International Law 726-729 (2005)
The Life of Hersch Lauterpacht (Cambridge November 2010) by and ILR Announcement as reviewed by H.E. Former ICJ President Schwebel
^Lauterpacht, Hersch (29 December 1926). Private law analogies in international law (phd) – via etheses.lse.ac.uk.
^"Sir Hersch Lauterpacht (1897-1960)". International Judicial Monitor. 1 (5). 2006.
^Lauterpacht, Hersch (1926). Private law analogies in international law (PhD). London School of Economics and Political Science. Retrieved 5 May 2021.
^ Oona Hathaway and Scott J. Shapito The internationalists and their plan to outlaw war pp. 282-4
^Schwebel, Stephen M. (1987). International Arbitration: Three Salient Problems by Stephen M. Schwebel. Hersch Lauterpacht Memorial Lectures 1987. Cambridge: Grotius Publications. p. xiii. ISBN9780949009029.
^Butler, William Elliott, ed. (1991). Control Over Compliance With International Law. Dordecht: Nijhoff. p. 195. ISBN0-7923-1025-X.
^. Cambridge University. Archived from the original on 12 February 2012. Retrieved 28 June 2012.
^Moyn, Samuel (2014). Human Rights and the Uses of History. New York: Verso. ISBN9781781682630. OCLC 858956307.
^"»An Unprecedented Act of Homage« | Mimeo". mimeo.dubnow.de. 14 October 2021.
^ abZigler, Dov; Rogachevsky, Neil, eds. (2022), "International Law: Herschel Lauterpacht's Draft", Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment, Cambridge University Press, pp. 113–136, doi:10.1017/9781009090841.007, ISBN978-1-316-51477-1
Further reading
Koskenniemi, Martti (2004). "Hersch Lauterpacht (1897–1960)". In Beatson, J.; Zimmermann, R. (eds.). Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain. New York: Oxford University Press. pp. 601–661. ISBN0-19-927058-9.
Marrus, Michael R. "Three Roads From Nuremberg", Tablet magazine; 20 Nov. 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 (24 November 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 & Nicolson, 2016
External links
and Lauterpacht Centre's Sitemap
25th Lauterpacht Centre Anniversary, Cambridge, 11–12 July 2008 and Dinner Speeches of Former ICJ President Stephen M. Schwebel, current President Rosalyn Higgins and Sir Elihu Lauterpacht, CBE QC
and and
Sir Hersch Lauterpacht, 8 EJIL 1997 No.2
H.E. Former ICJ President Stephen M. Schwebel's Memories about Sir Hersch and 8 EJIL 1997 No.2
Tributes from Hans Kelsen and Lord McNair to Sir Hersch Lauterpacht
The Theorist as Judge: Hersch Lauterpacht's Concept of the International Judicial Function
Human Rights and Genocide: The Work of Lauterpacht and Lemkin in Modern International Law
Shabtai Rosenne, Sir Hersch Lauterpacht's Concept, in Rosenne, An International Law Miscellany, 782–829, 1993
hersch, lauterpacht, august, 1897, 1960, british, international, lawyer, human, rights, activist, judge, international, court, justice, born, 1897, august, 1897Żółkiew, kingdom, galicia, lodomeria, austria, hungarydied8, 1960, 1960, aged, london, united, kingd. Sir Hersch Lauterpacht QC 16 August 1897 8 May 1960 was a British international lawyer human rights activist and judge at the International Court of Justice Sir Hersch LauterpachtBorn 1897 08 16 16 August 1897Zolkiew Kingdom of Galicia and Lodomeria Austria HungaryDied8 May 1960 1960 05 08 aged 62 London United KingdomOccupationJudge of the International Court of Justice Contents 1 Biography 2 Personal life 3 Major works 4 See also 5 References 6 Further reading 7 External linksBiography EditHersh Lauterpacht was born on 16 August 1897 to a Jewish family in the small town of Zolkiew in the Austro Hungarian Empire now Ukraine near Lemberg now Lviv the capital of East Galicia In 1911 his family moved to Lemberg In 1915 he enrolled in the law school of the University of Lemberg 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 He obtained a PhD degree from the London School of Economics in 1925 writing his dissertation on Private law analogies in international law 1 which was published in 1927 2 3 By 1937 he had written several books on international law He assisted in the prosecution of the defendants at the Nuremberg trials helping to draft the British prosecutor s Hartley Shawcross speech 4 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 5 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 6 The Lauterpacht Centre for International Law at the University of Cambridge is named after him and his son Sir Elihu Lauterpacht CBE QC who founded the Centre and was its first director 7 Elihu remained actively involved in its work as Director Emeritus and Honorary Professor of International Law until his death in February 2017 citation needed Samuel Moyn has suggested that Hersch 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 8 In the aftermath of the Holocaust Lauterpacht s thinking also included the question how this unpreceded event could be properly met by an international law which was based on established rules and precedents When asked about the possibilities of the newly established state of Israel to claim citizenship for deceased Jewish victims of the Holocaust Lauterpacht ambivalently stated that although this was not possible according to the present state of international law it would only be an extraordinary reaction to an unprecedented event in history 9 In 1948 Lauterpacht was asked by Yishuv diplomats to consider the legal basis for Israel s independence or write a declaration of independence for Israel By May 1948 Lauterpacht had produced a two part document that amounted to a declaration of independence Some of Lauterpacht s draft was incorporated into what would ultimately become the ultimate draft of Israel s Declaration of Independence 10 Personal life EditHe was married to Rachel Lauterpacht 10 Major works EditPrivate Law Sources and Analogies of International Law London 1927 The Function of Law in the International Community Oxford 1933 An International Bill of the Rights of Man Oxford 1945 Recognition in International Law Cambridge 1947 The Development of International Law by the International Court London 1958 Oppenheim s International Law Vol 1 8th ed 1958 Sir Gerald Fitzmaurice Hersch Lauterpacht The Scholar as Judge Part I 37 British Yearbook of International Law 1 72 1961 Part II 38 British Yearbook of International Law 1 84 1962 Part III 39 British Yearbook of International Law 133 189 1963 Annual Digest and Reports of Public International Law Cases Vols 1 16 subsequently continued as International Law Reports Vols 17 24 International Law The Collected Papers of Hersch Lauterpacht Vol 5 Edited by Elihu Lauterpacht Cambridge 2004 as reviewed by H E Former ICJ President Stephen M Schwebel in 99 American Journal of International Law 726 729 2005 The Life of Hersch Lauterpacht Cambridge November 2010 by Elihu Lauterpacht and ILR Announcement as reviewed by H E Former ICJ President SchwebelSee also EditWhewell Professorship of International LawReferences Edit Lauterpacht Hersch 29 December 1926 Private law analogies in international law phd via etheses lse ac uk Sir Hersch Lauterpacht 1897 1960 International Judicial Monitor 1 5 2006 Lauterpacht Hersch 1926 Private law analogies in international law PhD London School of Economics and Political Science Retrieved 5 May 2021 Oona Hathaway and Scott J Shapito The internationalists and their plan to outlaw war pp 282 4 Schwebel Stephen M 1987 International Arbitration Three Salient Problems by Stephen M Schwebel Hersch Lauterpacht Memorial Lectures 1987 Cambridge Grotius Publications p xiii ISBN 9780949009029 Butler William Elliott ed 1991 Control Over Compliance With International Law Dordecht Nijhoff p 195 ISBN 0 7923 1025 X Establishment and Development Lauterpacht Centre for International Law Cambridge University Archived from the original on 12 February 2012 Retrieved 28 June 2012 Moyn Samuel 2014 Human Rights and the Uses of History New York Verso ISBN 9781781682630 OCLC 858956307 An Unprecedented Act of Homage Mimeo mimeo dubnow de 14 October 2021 a b Zigler Dov Rogachevsky Neil eds 2022 International Law Herschel Lauterpacht s Draft Israel s Declaration of Independence The History and Political Theory of the Nation s Founding Moment Cambridge University Press pp 113 136 doi 10 1017 9781009090841 007 ISBN 978 1 316 51477 1Further reading EditKoskenniemi Martti 2004 Hersch Lauterpacht 1897 1960 In Beatson J Zimmermann R eds Jurists Uprooted German speaking Emigre 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 20 Nov 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 24 November 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 amp Nicolson 2016External links EditSir Hersch Lauterpacht 1897 1960 and Lauterpacht Centre s Sitemap 25th Lauterpacht Centre Anniversary Cambridge 11 12 July 2008 and Dinner Speeches of Former ICJ President Stephen M Schwebel current President Rosalyn Higgins and Sir Elihu Lauterpacht CBE QC Squire Law Library of Eminent Sir Elihu Lauterpacht CBE QC and Conversations with Sir Elihu and His Family Photographs Sir Hersch Lauterpacht 8 EJIL 1997 No 2 H E Former ICJ President Stephen M Schwebel s Memories about Sir Hersch and 8 EJIL 1997 No 2 Tributes from Hans Kelsen and Lord McNair to Sir Hersch Lauterpacht The Theorist as Judge Hersch Lauterpacht s Concept of the International Judicial Function Human Rights and Genocide The Work of Lauterpacht and Lemkin in Modern International Law Shabtai Rosenne Sir Hersch Lauterpacht s Concept in Rosenne An International Law Miscellany 782 829 1993 Sir Elihu Lauterpacht CBE QC and Who s Who in Public International Law 2007 TDM Co Editor Lauterpacht The Lauterpacht Centre Hersch Lauterpacht Memorial Lectures Hersch Lauterpacht at Find a Grave Portraits of Hersch Lauterpacht at the National Portrait Gallery London Works by or about Hersch Lauterpacht at Internet Archive The Papers of Sir Hersch Lauterpacht held at Churchill Archives Centre Retrieved from https en wikipedia org w index php title Hersch Lauterpacht amp oldid 1131069661, wikipedia, wiki, book, books, library,
