John Dugard
Encyclopedia
John Dugard is a South Africa
n professor of international law
. He has served as Judge ad hoc on the International Court of Justice
and as a Special Rapporteur
for both the former United Nations Commission on Human Rights
and the International Law Commission
. His main academic specializations are in Roman-Dutch law, public international law, jurisprudence
, human rights
, criminal procedure
and international criminal law
. He has written extensively on South African apartheid
.
(South Africa) and a further LLB (1965) and LL.D. degree from Cambridge University in 1980. Furthermore, John Dugard also holds a Diploma in International Law (1965) from the University of Cambridge.
, South Africa
). From 1978-1990, he was the Director of the University of Witwatersrand's Centre for Applied Legal Studies, "a research centre committed to the promotion of Human Rights in South Africa". He is a Professor of Law in the Centre for Human Rights
of the University of Pretoria
.
He has held visiting professorships at Princeton University
, Duke University
, UC Berkeley
and University of Pennsylvania
, and University of New South Wales
(Australia).
He is a member of the Institut de Droit International
.
Dugard was Director of the Lauterpacht Centre for International Law at the University of Cambridge from 1995-1997.
In 1998, he was appointed as Chair in Public International Law at Leiden University
in the Netherlands and as Director of the advanced LLM programme in Public International Law.
of the United Nations
. In 2000, he became its Special Rapporteur
on Diplomatic Protection.
In 2000, he served as Judge ad hoc in the cases concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Burundi) (Democratic Republic of the Congo v. Uganda) and (Democratic Republic of the Congo v. Rwanda) at the International Court of Justice
.
He is currently a door tenant at 20 Essex Street Chambers in London, who specialise in Public International Law.
Dugard visited the Palestine Center
in Washington DC in March 2009 and gave a lecture entitled "Apartheid and Occupation under International Law." The video and the transcript of the lecture were made available online. http://www.thejerusalemfund.org/ht/d/ContentDetails/i/5240
He now reports to the UN Human Rights Council as Special Rapporteur
on the situation of human rights in the Palestinian territories occupied by Israel since 1967. In its first special session in July 2006, the nascent Human Rights Council decided to dispatch an urgent fact-finding mission headed by Dugard to report on the situation there. On 26 September 2006, Dugard reported that the "standards of human rights in the Palestinian territories have fallen to intolerable new levels".
In his report to the 4th session of the Human Rights Council, Dugard stated, "Discrimination against Palestinians occurs in many fields. Moreover, the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid appears to be violated by many practices, particularly those denying freedom of movement to Palestinians." http://www.ohchr.org/english/bodies/hrcouncil/docs/4session/A.HRC.4.17.pdf
Referring to Israel's actions in the occupied West Bank, he wrote, "Can it seriously be denied that the purpose [...] is to establish and maintain domination by one racial group (Jews) over another racial group (Palestinians) and systematically oppressing them? Israel denies that this is its intention or purpose. But such an intention or purpose may be inferred from the actions described in this report."
Dugard was appointed in 2001 as an unpaid expert by the UN Human Rights Commission to investigate only violations by the Israeli side, prompting Israel and the U.S. to dismiss his reports as one-sided. Israel refused to allow him to conduct a UN-mandated fact-finding mission on its Gaza offensive in 2006.
http://www.haaretz.com/hasen/spages/958358.html
, University of Natal
, University of Port Elizabeth, University of Pretoria
and the University of the Witwatersrand
.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n professor of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. He has served as Judge ad hoc on the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
and as a Special Rapporteur
Special Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
for both the former United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
and the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
. His main academic specializations are in Roman-Dutch law, public international law, jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
and international criminal law
International criminal law
International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against...
. He has written extensively on South African apartheid
History of South Africa in the apartheid era
Apartheid was a system of racial segregation enforced by the National Party governments of South Africa between 1948 and 1994, under which the rights of the majority 'non-white' inhabitants of South Africa were curtailed and white supremacy and Afrikaner minority rule was maintained...
.
Education
John Dugard earned his BA (1956) and LLB (1958) degrees at Stellenbosch UniversityStellenbosch University
Stellenbosch University is a public research university situated in the town of Stellenbosch, South Africa. Other nearby universities are the University of Cape Town and University of the Western Cape....
(South Africa) and a further LLB (1965) and LL.D. degree from Cambridge University in 1980. Furthermore, John Dugard also holds a Diploma in International Law (1965) from the University of Cambridge.
Academic
From 1975-1977, Dugard was the Dean and a Professor of Law at the University of Witwatersrand (JohannesburgJohannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
). From 1978-1990, he was the Director of the University of Witwatersrand's Centre for Applied Legal Studies, "a research centre committed to the promotion of Human Rights in South Africa". He is a Professor of Law in the Centre for Human Rights
Centre for Human Rights
The University of Pretoria Faculty of Law was established in 1908 and consists of five academic departments, six centers, a law clinic and it's own publisher the Pretoria University Law Press...
of the University of Pretoria
University of Pretoria
The University of Pretoria is a multi campus public research university located in Pretoria, the administrative and de facto capital of South Africa...
.
He has held visiting professorships at Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
, Duke University
Duke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
, UC Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
and University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
, and University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
(Australia).
He is a member of the Institut de Droit International
Institut de droit international
The Institut de droit international is an organization devoted to the study and development of international law, whose membership comprises the world's leading public international lawyers...
.
Dugard was Director of the Lauterpacht Centre for International Law at the University of Cambridge from 1995-1997.
In 1998, he was appointed as Chair in Public International Law at Leiden University
Leiden University
Leiden University , located in the city of Leiden, is the oldest university in the Netherlands. The university was founded in 1575 by William, Prince of Orange, leader of the Dutch Revolt in the Eighty Years' War. The royal Dutch House of Orange-Nassau and Leiden University still have a close...
in the Netherlands and as Director of the advanced LLM programme in Public International Law.
International Law
He has, since 1997, served as a member of the International Law CommissionInternational Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. In 2000, he became its Special Rapporteur
Special Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
on Diplomatic Protection.
In 2000, he served as Judge ad hoc in the cases concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Burundi) (Democratic Republic of the Congo v. Uganda) and (Democratic Republic of the Congo v. Rwanda) at the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
He is currently a door tenant at 20 Essex Street Chambers in London, who specialise in Public International Law.
Dugard visited the Palestine Center
Palestine Center
The Palestine Center is an independent think tank based in Foggy Bottom, Washington, D.C.. Their focus is on the Israeli-Palestinian conflict and other Middle East issues....
in Washington DC in March 2009 and gave a lecture entitled "Apartheid and Occupation under International Law." The video and the transcript of the lecture were made available online. http://www.thejerusalemfund.org/ht/d/ContentDetails/i/5240
United Nations
Following the recurrence of the Palestinian intifada in late 2000, John Dugard was appointed as Chairman of a UN Commission on Human Rights inquiry commission on the situation of human rights there. In 2001, he was appointed as Special Rapporteur to the Commission and has submitted annual reports and recommendations to the UN concerning the situation of international human rights and humanitarian law.He now reports to the UN Human Rights Council as Special Rapporteur
Special Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
on the situation of human rights in the Palestinian territories occupied by Israel since 1967. In its first special session in July 2006, the nascent Human Rights Council decided to dispatch an urgent fact-finding mission headed by Dugard to report on the situation there. On 26 September 2006, Dugard reported that the "standards of human rights in the Palestinian territories have fallen to intolerable new levels".
In his report to the 4th session of the Human Rights Council, Dugard stated, "Discrimination against Palestinians occurs in many fields. Moreover, the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid appears to be violated by many practices, particularly those denying freedom of movement to Palestinians." http://www.ohchr.org/english/bodies/hrcouncil/docs/4session/A.HRC.4.17.pdf
Dugard's 2007 Report
In a report released in February 2007, Dugard ”announced that Israel's policies resemble those of apartheid." "It is difficult to resist the conclusion that many of Israel's laws and practices violate the 1966 Convention on the Elimination of all forms of Racial Discrimination," says the report.Referring to Israel's actions in the occupied West Bank, he wrote, "Can it seriously be denied that the purpose [...] is to establish and maintain domination by one racial group (Jews) over another racial group (Palestinians) and systematically oppressing them? Israel denies that this is its intention or purpose. But such an intention or purpose may be inferred from the actions described in this report."
Dugard was appointed in 2001 as an unpaid expert by the UN Human Rights Commission to investigate only violations by the Israeli side, prompting Israel and the U.S. to dismiss his reports as one-sided. Israel refused to allow him to conduct a UN-mandated fact-finding mission on its Gaza offensive in 2006.
http://www.haaretz.com/hasen/spages/958358.html
Honors
John Dugard has honorary doctorates of law from the University of Cape TownUniversity of Cape Town
The University of Cape Town is a public research university located in Cape Town in the Western Cape province of South Africa. UCT was founded in 1829 as the South African College, and is the oldest university in South Africa and the second oldest extant university in Africa.-History:The roots of...
, University of Natal
University of Natal
The University of Natal was a university in Natal, and later KwaZulu-Natal in South Africa, that is now part of the University of KwaZulu-Natal. It was founded in 1910 as the Natal University College in Pietermaritzburg, and expanded to include a campus in Durban in 1931. In 1947, the university...
, University of Port Elizabeth, University of Pretoria
University of Pretoria
The University of Pretoria is a multi campus public research university located in Pretoria, the administrative and de facto capital of South Africa...
and the University of the Witwatersrand
University of the Witwatersrand
The University of the Witwatersrand, Johannesburg is a South African university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University...
.
Books
- International Law: A South African Perspective 3rd Edition (2006) ISBN 0-7021-7121-2
- The Last Years of Apartheid: Civil Liberties in South Africa, with Nicholas Haysom, Gilbert Marcus (1992) ISBN 0871241455
- Recognition and the United Nations (1987) ISBN 0-521-46322-X
- Human Rights and the South African Legal Order (1978) ISBN 0-691-09236-2
- The South West Africa/Namibia Dispute (1973) ISBN 0-520-01886-9
Legal Briefings
- South West Africa and the International Court;: Two viewpoints on the 1971 advisory opinion (1973) ISBN B0006CGXB2
- Apartheid and human rights in South Africa: Techniques of implementation (1974) ISBN B0006WUI1I
- The denationalization of Black South Africans in pursuance of apartheid: A question for the International Court of Justice? (1984) ISBN 0-85494-832-5
Speeches
- The judicial process, positivism and civil liberty (1971) ISBN B0006COV9I
- Independent homelands: Failure of a fiction : 1979 presidential address (1979) ISBN B0006E8KNO
- A national strategy for 1980: Presidential address, 1980 (1980 ISBN 0-86982-183-0
Textbooks
- International Criminal Law and Procedure, with Christine Van Den Wyngaert (1996) ISBN 1-85521-835-6
- Documents on International Law: Handbook for Law Students and Constitutional Lawyers, with Neville Botha, Patric M. Mtshaulana (1996) ISBN 0702135321
External links
- Faculty Bio for John Dugard, University of Leiden, accessed 27 June 2006.
- Statement by John Dugard on the situation of human rights in the Palestinian territories occupied by Israel since 1967, Report to the 59th Session of the United Nations General Assembly, 28 October 2004, accessed 27 June 2006.
- Question of the Violation of Human Rights in the Occupied Arab Territories, Including Palestine, Report to the Commission on Human Rights, John Dugard, 3 March 2005, accessed 27 June 2006.
- ADL to UN: Dismiss Official with Overt Bias Against Israel, Anti-Defamation LeagueAnti-Defamation LeagueThe Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
, accessed 27 June 2006. - John Dugard Interview Transcript on Palestinian Occupied Territories Human Rights report and related controversy, accessed 27 June 2006.
- Terrorism and Human Rights - an International Law Perspective, John Dugard, Rhodes UniversityRhodes UniversityRhodes University is a public research university located in Grahamstown in the Eastern Cape Province of South Africa, established in 1904. It is the province’s oldest university, and is one of the four universities in the province...
Centenary Lecture Series, 23 March 2003, accessed 26 August 2006 - Interview with John Dugard about Palestinian Occupied Territories, Victor Kattan, Media Monitors.Net, 22 September 2004, accessed 26 August 2006
- Palestine: Peace not Apartheid, John Dugard, December 2006.
- Israel, Occupied Palestine and Apartheid: A response to Richard Goldstone John Dugard, November 2011