Thomas Buergenthal
Encyclopedia
Thomas Buergenthal is a former judge
of the International Court of Justice
. He resigned his post as of 6 September 2010. Buergenthal is returning to his position as Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School
.
of Kielce
(Poland
) and later in the concentration camps at Auschwitz
and Sachsenhausen. After the War he lived with his mother in Göttingen
.
On 4 December 1951, he emigrated from Germany
to the United States
. He studied at Bethany College
in West Virginia
(graduated 1957), and received his J.D. at New York University Law School
in 1960, and his LL.M. and S.J.D. degrees in international law
from Harvard Law School
.
Buergenthal is a specialist in international law and human rights
law.
Since 2000, he has served as a judge on the International Court of Justice
at The Hague
. During this stint amongst his judgments was regarding the legality of Israel's security wall in occupied West Bank territory. He was the only dissenting opinion on the ruling. Of the fifteen judges he was the only one who "felt the Court did not have enough factual evidence upon which to base its conclusion" Despite this he "agreed with the majority of the Court that: (i) Israel must comply with international humanitarian law, including the Fourth Geneva Convention and (ii) Israeli colonies are illegal." Prior to his election to the International Court of Justice, he was the Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School
. He was Dean of Washington College of Law
of American University
from 1980 to 1985, and held endowed professorships at the University of Texas and Emory University
. Buergenthal served as a judge for many years, including lengthy periods on various specialized international bodies. Between 1979 and 1991, he served as a judge of the Inter-American Court of Human Rights
, including a stint as that court's president; from 1989 to 1994, he was a judge on the Inter-American Development Bank
's Administrative Tribunal; in 1992 and 1993, he served on the United Nations Truth Commission for El Salvador; and from 1995 to 1999, he was a member of the United Nations Human Rights Committee.
Buergenthal is the author of more than a dozen books and a large number of articles on international law, human rights and comparative law subjects. He is member of the advisory board of the Goettingen Journal of International Law
.
Judge Buergenthal is a co-recipient of the 2008 Gruber Prize for Justice
for his contributions to the promotion and protection of human rights
in different parts of the world, and particularly in Latin America
.
His memoir, A Lucky Child, which describes his experience in various German concentration camps, has been translated into more than a dozen languages.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of 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 resigned his post as of 6 September 2010. Buergenthal is returning to his position as Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School
The George Washington University Law School
The George Washington University Law School, commonly referred to as GW Law, is the law school of The George Washington University. It was founded in 1825 and is the oldest law school in Washington, D.C. The school is accredited by the American Bar Association and is a charter member of the...
.
Biography
Thomas Buergenthal, born to German-Jewish/Polish-Jewish parents who had moved from Germany to Czechoslovakia in 1933, grew up in the Jewish ghettoGhetto
A ghetto is a section of a city predominantly occupied by a group who live there, especially because of social, economic, or legal issues.The term was originally used in Venice to describe the area where Jews were compelled to live. The term now refers to an overcrowded urban area often associated...
of Kielce
Kielce
Kielce ) is a city in central Poland with 204,891 inhabitants . It is also the capital city of the Świętokrzyskie Voivodeship since 1999, previously in Kielce Voivodeship...
(Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
) and later in the concentration camps at Auschwitz
Auschwitz concentration camp
Concentration camp Auschwitz was a network of Nazi concentration and extermination camps built and operated by the Third Reich in Polish areas annexed by Nazi Germany during World War II...
and Sachsenhausen. After the War he lived with his mother in Göttingen
Göttingen
Göttingen is a university town in Lower Saxony, Germany. It is the capital of the district of Göttingen. The Leine river runs through the town. In 2006 the population was 129,686.-General information:...
.
On 4 December 1951, he emigrated from Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. He studied at Bethany College
Bethany College (West Virginia)
Bethany College is a private liberal arts college located in Bethany, West Virginia, United States. Founded in 1840, Bethany is the oldest institution of Higher Education in West Virginia.-Location:...
in West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
(graduated 1957), and received his J.D. at New York University Law School
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
in 1960, and his LL.M. and S.J.D. degrees in 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...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Buergenthal is a specialist in international law and 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...
law.
Since 2000, he has served as a judge 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...
at The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
. During this stint amongst his judgments was regarding the legality of Israel's security wall in occupied West Bank territory. He was the only dissenting opinion on the ruling. Of the fifteen judges he was the only one who "felt the Court did not have enough factual evidence upon which to base its conclusion" Despite this he "agreed with the majority of the Court that: (i) Israel must comply with international humanitarian law, including the Fourth Geneva Convention and (ii) Israeli colonies are illegal." Prior to his election to the International Court of Justice, he was the Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School
The George Washington University Law School
The George Washington University Law School, commonly referred to as GW Law, is the law school of The George Washington University. It was founded in 1825 and is the oldest law school in Washington, D.C. The school is accredited by the American Bar Association and is a charter member of the...
. He was Dean of Washington College of Law
Washington College of Law
American University Washington College of Law is the law school of American University. It is located on Massachusetts Avenue in the Spring Valley neighborhood of northwest Washington. WCL is ranked 50th among law schools by US News and World Report...
of American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
from 1980 to 1985, and held endowed professorships at the University of Texas and Emory University
Emory University
Emory University is a private research university in metropolitan Atlanta, located in the Druid Hills section of unincorporated DeKalb County, Georgia, United States. The university was founded as Emory College in 1836 in Oxford, Georgia by a small group of Methodists and was named in honor of...
. Buergenthal served as a judge for many years, including lengthy periods on various specialized international bodies. Between 1979 and 1991, he served as a judge of the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...
, including a stint as that court's president; from 1989 to 1994, he was a judge on the Inter-American Development Bank
Inter-American Development Bank
The Inter-American Development Bank is the largest source of development financing for Latin America and the Caribbean...
's Administrative Tribunal; in 1992 and 1993, he served on the United Nations Truth Commission for El Salvador; and from 1995 to 1999, he was a member of the United Nations Human Rights Committee.
Buergenthal is the author of more than a dozen books and a large number of articles on international law, human rights and comparative law subjects. He is member of the advisory board of the Goettingen Journal of International Law
Goettingen Journal of International Law
The Goettingen Journal of International Law ' is a jurisprudential online-journal that was founded by students in 2007.It focuses mainly on international law in general and a wide variety of neighbouring topics like international economic law, international penal law and international relations...
.
Judge Buergenthal is a co-recipient of the 2008 Gruber Prize for Justice
Gruber Prize for Justice
The Gruber Prize for Justice is one of five international prizes awarded by The Peter and Patricia Gruber Foundation, an American non-profit organization based in the U.S. Virgin Islands with offices in New York City...
for his contributions to the promotion and protection of 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...
in different parts of the world, and particularly in Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
.
His memoir, A Lucky Child, which describes his experience in various German concentration camps, has been translated into more than a dozen languages.
Selected works
- Law-Making in the International Civil Aviation Organization (1969)
- International Protection of Human Rights (with L. B. Sohn, 1973)
- Public International Law in a Nutshell (4th edition 2007, with S.D. Murphy)
- International Human Rights in a Nutshell (3rd edition 2002, with D. Shelton and D. Stewart)
- Protecting Human Rights in the Americas (4th edition 1995, with D. Shelton)
- A Lucky Child (2009)