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Judges of the Permanent Court of International Justice

The Permanent Court of International Justice was an international court attached to the League of Nations. The Court initially consisted of 11 judges and 4 deputy judges, recommended by member states of the League of Nations to the Secretary General of the League of Nations, who would put them before the Council and Assembly for election. The Council and Assembly were to bear in mind that the elected panel of judges was to represent every major legal tradition in the League, along with "every major civilization". Each member state was allowed to recommend 4 potential judges, with a maximum of 2 from its own nation. Judges were elected by a straight majority vote, held independently in the Council and Assembly.[1] The judges served for a period of nine years, with their term limits all expiring at the same time, necessitating a completely new set of elections.[2] The judges were independent and rid themselves of their nationality for the purposes of hearing cases, owing allegiance to no individual member state, although it was forbidden to have more than one judge from the same state. As a sign of their independence from national ties, judges were given full diplomatic immunity when engaged in Court business The only requirements for a judge were "high moral character" and that they have "the qualifications required in their respective countries [for] the highest judicial offices" or be "jurisconsults of recognized competence in international law".[3]

The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice

The first panel was elected on 14 September 1921, with Deputy Judges elected 2 days later.[4] In 1930 the number of judges was increased to 15 and a second set of elections were held on 25 September.[5] Judges continued to hold their posts, despite the Court not sitting for most of the 1940s due to the Second World War, until they resigned en masse in October 1945.[6] Judges were paid 15,000 Dutch florins a year, with daily expenses of 50 florins to pay for living expenses, and an additional 45,000 florins for the President, who was required to live at The Hague. Travelling expenses were also provided, and a "duty allowance" of 100 florins was provided when the court was sitting, with 150 for the Vice-President. This duty allowance was limited to 20,000 florins a year for the judges and 30,000 florins for the Vice-President; as such, it provided for 200 days of court hearings, with no allowance provided if the court sat for longer. The deputy judges received no salary, but when called up for service were provided with travel expenses, 50 florins a day for living expenses and 150 florins a day as a duty allowance.[7]

List of judges

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Nationality Name Term as a judge Other roles Reason for termination Notes
  Japan Mineichirō Adachi 15 January 1931 — 28 December 1934 President 1931–1933 Died [8]
  Spain Rafael Altamira y Crevea January 1922 — October 1945 Court resigned en masse [8]
  Italy Dionisio Anzilotti January 1922 — October 1945 President 1928–1930 Court resigned en masse [8]
  Brazil Ruy Barbosa January 1922 — 1 March 1923 Died
  Cuba Antonio Sánchez de Bustamante y Sirven January 1922 — October 1945 Court resigned en masse [8]
  China Wang Ch'ung-hui 15 January 1931 — 15 January 1936 Resigned [8]
  Finland Rafael Erich 26 September 1938 — October 1945 Court resigned en masse
  Netherlands Willem van Eysinga 15 January 1931 — October 1945 Court resigned en masse [8]
  United Kingdom Robert Finlay January 1922 — 9 March 1929 Died
  France Henri Fromageot 19 September 1929 — October 1945 Court resigned en masse [8]
  El Salvador José Gustavo Guerrero 15 January 1931 — October 1945 Vice President 1931–1936, President 1936–1946 Court resigned en masse [8]
  Sweden Åke Hammarskjöld 8 October 1936 — 7 July 1937 Died [8]
   Switzerland Max Huber January 1922 — 6 December 1930 President 1925–1927, Vice President 1928–1931 Not re-elected
  United States Manley Ottmer Hudson 8 October 1931 — October 1945 Court resigned en masse
  United States Charles Evans Hughes 8 September 1928 — 15 February 1930 Resigned [9]
  United Kingdom Cecil Hurst 19 September 1929 — October 1945 President 1934–1936, Vice President 1936–1946 Court resigned en masse [8]
  United States Frank B. Kellogg 25 September 1930 — 9 September 1935 Resigned [10]
  Netherlands Bernard Loder January 1922 — 6 December 1930 President 1922–1924 Not re-elected
  United States John Bassett Moore January 1922 — 11 April 1928 Resigned
  Japan Harukazu Nagaoka 17 September 1935 — 15 January 1942 Resigned
  Romania Demetre Negulesco 15 January 1931 — October 1945 Court resigned en masse [8]
  Denmark Didrik Nyholm January 1922 — 6 December 1930 Not re-elected
  Japan Yorozu Oda January 1922 — 6 December 1930 Not re-elected
  Belgium Edouard Rolin-Jaequemyns 15 January 1931 — 11 July 1936 Died [8]
  Poland Michał Jan Rostworowski 15 January 1931 — 24 March 1940 Died [8]
  Germany Walther Schücking 15 January 1931 — 25 August 1935 Died [8]
  Brazil Epitácio da Silva Pessoa 10 September 1923 — 6 December 1930 Not re-elected
  China Cheng Tien-Hsi 8 October 1936 — October 1945 Court resigned en masse
  Colombia Francisco José Urrutia 15 January 1931 — 9 January 1942 Resigned [8]
  Belgium Charles De Visscher 27 May 1937 — October 1945 Court resigned en masse
  France André Weiss January 1922 — 31 August 1928 Vice President 1922–1928 Died

List of deputy judges

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Nationality Name Term as a deputy judge Reason for termination Notes
  Norway Frederik Beichmann 30 January 1920 — 6 December 1930 Not re-elected [11]
  China Wang Ch'ung-hui 30 January 1920 — 6 December 1930 Not re-elected [11]
  Finland Rafael Erich 15 January 1931 — 1 February 1936 Post abolished [8]
  Portugal José Caeiro da Mata 15 January 1931 — 1 February 1936 Post abolished [8]
  Romania Demetre Negulesco 30 January 1920 — 6 December 1930 Not re-elected [11]
  Yugoslavia Mileta Novaković 15 January 1931 — 1 February 1936 Post abolished [8]
  Austria Josef Redlich 15 January 1931 — 1 February 1936 Post abolished [8]
  Yugoslavia Mihailo Jovanović 30 January 1920 — 6 December 1930 Not re-elected [11]

References

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General References

  • "Permanent Court of International Justice Organizational Chart of Judges". League of Nations Archive. Archived from the original on 23 August 2011. Retrieved 25 January 2010.
  • "Permanent Court of International Justice Individual Judges". League of Nations Archive. Archived from the original on 1 September 2011. Retrieved 25 January 2010.

Specific References

  1. ^ Scott (1921) p.556
  2. ^ Hudson (1930) p.719
  3. ^ Moore (1922) p.504
  4. ^ Scott (1921) p.557
  5. ^ Hudson (1931) p.23
  6. ^ Hudson (1957) p.569
  7. ^ Moore (1922) p.506
  8. ^ a b c d e f g h i j k l m n o p q r s Hudson (1931) p.23
  9. ^ Hudson (1931) p.21
  10. ^ Hudson (1931), p. 22.
  11. ^ a b c d Scott (1921) p.558

Bibliography

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  • Hudson, Manley O. (1930). "The Election of Members of the Permanent Court of International Justice". The American Journal of International Law. 25 (4). American Society of International Law. ISSN 0002-9300.
  • Hudson, Manley O. (1931). "The Ninth Year of the Permanent Court of International Justice". The American Journal of International Law. 25 (1). American Society of International Law. ISSN 0002-9300.
  • Hudson, Manley O. (1957). "The Succession of the International Court of Justice to the Permanent Court of International". The American Journal of International Law. 51 (3). American Society of International Law. doi:10.2307/2195063. ISSN 0002-9300. JSTOR 2195063. S2CID 146855383.
  • Moore, John Bassett (1922). "The Organization of the Permanent Court of International Justice". Columbia Law Review. 22 (6). Columbia Law School. doi:10.2307/1111551. ISSN 0010-1958. JSTOR 1111551.
  • Scott, James Brown (1921). "The Election of Judges for the Permanent Court of International Justice". The American Journal of International Law. 15 (4). American Society of International Law. ISSN 0002-9300.
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