Green Hackworth

Green Haywood Hackworth (Prestonsburg, Kentucky, January 23, 1883 – Washington, DC, June 24, 1973) was an American jurist who served as the first U.S. judge on the International Court of Justice, as President of the International Court of Justice, as the longest running Legal Adviser to the US Department of State (1925 -1946) and as a member of Secretary of State Cordell Hull's inner circle of advisers.[1] Hackworth was instrumental in the development of plans for the post World War II world order and was a key member of the U.S. delegation to the Dumbarton Oaks Conference (1944).[2] He served as a member of the Advisory Committee on Postwar Foreign Policy (1942), as a member of Post War Programs Committee (1944) and as Chairman of the Committee of Jurists that drafted the initial statutes for the International Court of Justice (1945).[1] Hackworth also represented the U.S. Delegation on Committee IV at the United Nations Conference on International Organization where the articles in the United Nations Charter pertaining to the International Court of Justice were finalized.[3]

Green H. Hackworth
Judge of the International Court of Justice
In office
1946–1961
Nominated byU.S. PCA Members:
Preceded byPosition created
Succeeded byPhilip C. Jessup
President of the International Court of Justice
In office
1955–1958
Preceded bySir Arnold McNair
Succeeded byHelge Klaestad
Legal Adviser to the Department of State
In office
1931–1946
Preceded byPosition created
Succeeded byCharles Fahy
Personal details
Born(1883-01-23)January 23, 1883
Prestonsberg, Kentucky; U.S.
DiedJune 24, 1973(1973-06-24) (aged 90)
Washington, D.C.
Alma materValparaiso University, BA
University of Kentucky, JD
George Washington, LLB

Early life and educationEdit

Green Haywood Hackworth was born in Prestonburg Kentucky and his youth was spent in the area of the Big Sandy River. He received a B.A. degree from Valparaiso University, a Doctor of Law degree from the University of Kentucky and an L.L.B degree from George Washington University.[4] In 1916, after completion of his legal studies, Hackworth secured a job as a law clerk with the U.S. Department of State and in 1918 was promoted to Assistant Solicitor within the department. Although a Democrat, Hackworth was chosen in 1925 by republican U.S. Secretary of State Charles Evans Hughes, for nomination by the President and subsequent approval by the Senate to become Solicitor of the Dept. of State.[4]

Legal Adviser to the U.S. Department of StateEdit

As the longest running Legal Adviser of the Department of State, Hackworth was relied upon for legal advice by five successive U.S. Secretaries of States: Charles Evans Hughes, Frank B. Kellogg, Henry L. Stimson, Cordell Hull and Edward R. Stettinius. Hackworth was noted for being a skilled legal draftsman concerning the area of treaty provisions and was a perforce in matters involving the U.S. and its foreign relations from the period of U.S. neutrality to the country's entry into World War II. He provided advice to the U.S. President, the U.S. Secretary of State, members of congress and other departments within the U.S. State Department. As Legal Adviser to the Department of State, Hackworth represented the U.S Government before the International Joint Commission formed by the United States and Canada under the Boundary Waters treaty of 1909. He was a U.S. delegate in 1930 to the First Conference for the Codification of International Law, held at the Hague under the auspices of the League of Nations. Hackworth participated in the 8th Conference of American States (1939) held in Lima, in the 8th Scientific Congress of American States (1940) and in the Inter - American Maritime Conference (1941). Following the outbreak of war in Europe, Hackworth served as Adviser to Secretary of State Hull at the 2nd Meeting of foreign Ministers of the American Republics (1941) held in Havana.[3]

World War TwoEdit

On Sunday Dec. 7 Hackworth was in conclave with Secretary of State Hull at the state department prior to the scheduled meeting with Japanese ambassadors Kichisaburo Nomura and Saburo Kurusu when President Roosevelt called at 1:30PM and informed Hull of the attack by Japan on Pearl Harbor. Hull consulted with Hackworth and Josheph Ballentine, a state department expert on the Far East, on whether or not to see the waiting Japanese diplomats.[5] After seeing and then dismissing the diplomats, Hull met with President Roosevelt and then later again with Hackworth where the two discussed drafting a proclamation of war between Japan and the United States. As the war progressed, Hackworth advised Secretary Hull, President Roosevelt, Judge Samuel Rosenman, and numerous agencies within the government. His role was to consider past legal developments in the laws of war, the laws of neutrality, laws of belligerency and the effect of these laws on the U.S. and other countries. In 1943, Hackworth served as an adviser to Secretary of State Hull at the Moscow Conference and in 1945 he served as Adviser to Secretary of State Edward Stettinius at the Conference of American States on Problems of War and Peace held in Mexico City.[4]

Post War PlanningEdit

In Feb. of 1942, Secretary of State Cordell Hull organized the Advisory Committee on Postwar Foreign Policy which was followed by the Special Subcommittee on International Organization[2] of which Hackworth was an integral part. The subcommittee prepared draft proposals that clarified the U.S. State Dept.'s vague views on a postwar organization. In over 40 meetings in 1943, the Special Subcommittee on International Organization made intensive studies of key issues upon which any plans for a future world organization would have to depend.[2] In March 1943, Hull formed the Political Agenda Group which was composed of Hackworth, Edward R. Stettinius and other members of Hull's inner circle. This organization championed a global organization as opposed to Undersecretary of State Sumner Welles' vision of a regional post war system. In December 1943, this group prepared and delivered to President Roosevelt a detailed post war plan that became the founding framework of the United Nations.[6] After President Roosevelt approved outline of the plan, Hull created The Policy Committee and the Post War Programs Committee, composed of Hackworth and other close advisers from the previously established Informal Agenda Group, to implement the vision of a United Nations.[1]

Dumbarton Oaks ConferenceEdit

Prior to the Dumbarton Oaks conference, the U.S. State Dept. originated the American Planning Group for preparation. This group was divided into three sections and each section was responsible for a different topic that was to be addressed at Dumbarton Oaks. [7] Hackworth headed the second group charged with studying arrangements for the peaceful settlements of international disputes and the development of a World Court. At the Dumbarton Oaks Conference, Hackworth chaired a special Legal Subcommittee that was established to deal with the issue of a World Court. The subcommittee used as a base the American draft statute that Hackworth's section had developed prior to the conference. [8] The subcommittee first dealt with the technically complex issue of whether or not the present court should be continued or a new court established and also what the relationship should be of the new court with the new international organization. Hackworth championed the American's view that retaining as much of the existing court statutes as possible. However, the Soviets strongly opposed the continuing membership of certain neutral states in the World Court and favored a new tribunal. This dispute and others over the World Court were settled at the general U.N. Conference at San Francisco where Hackworth represented the U.S. on Committee IV, which was tasked with finalizing statutes for the International Court of Justice.[7]

International Court of JusticeEdit

Hackworth was nominated by three former U.S. Secretaries of State for an initial six-year term on the Court and was subsequently elected to a full nine-year term in 1951. In 1955 he succeeded Sir Arnold McNair of Great Britain for a three-year term as President of the International Court of Justice. During his tenure on the Court, Hackworth adjudicated seventeen contentious cases and was asked to give eleven advisory opinions. Due to Hackworth's experience as a legal draftsman, the task of consolidating views of Court members was frequently assigned to him.

Reparation for Injuries Suffered in the Service of the United NationsEdit

In the case Reparation for Injuries Suffered in the Service of the United Nations, Hackworth disagreed with the Court in its interpretation of the implied powers doctrine and in his dissent maintained that, "powers not expressed cannot freely be implied. Implied powers flow from a grant of express powers, and are limited by those that are "necessary" to the exercise of powers expressly granted." He disagreed with the majority in that he felt that the majority used an unduly wide version of the implied powers doctrine by relating the power to be implied not to an express provision but rather to the functions and objectives of the organization concerned.[9]

International Court of Justice rulingsEdit

Case # Case name ICJ Category Challenger Defendant Date of application Date of disposition Disposition Opinion Appendment
1 [2] Corfu Channel Case Contentious   UK   Albania 22 May 1947[10] 9 April 1949 “Corfu Channel Case”.Judgement Majority None
2 [3] [Conditions of Admission of a State to Membership in the United Nations] Advisory   UN General Assembly 24 November 1947 9 April 1949 [4] Opinion on Merits Majority None
3 [5] [Reparation for Injuries Suffered in the Service of the United Nations] Advisory   UN General Assembly 7 December 1948 11 April 1949 [6] Opinion on Merits Q1a: Majority
Q1b: Dissenting
[7] Dissenting Opinion
4 [8] Fisheries Case Contentious   UK   Norway 28 September 1949[11] 18 December 1951[12] [9] Judgment on Merits Majority None
5 [10] Asylum Case Contentious   Colombia   Peru 15 October 1949 20 November 1950 [11] Judgment on Merits Majority None
6 [12] [Interpretation of Peace Treaties with Bulgaria, Hungary and Romania] Advisory   UN General Assembly 31 October 1949 18 July 1950 [13] Opinion on Merits
[14]
Majority None
7 [15] [Competence of the U.N. General Assembly] Advisory   UN General Assembly 28 November 1949 3 March 1950 [16] Opinion on Merits Majority None
8 [17] [International Status of South West Africa] Advisory   UN General Assembly 27 December 1949 11 July 1950 [18] Opinion on Merits Majority None
9 [19] [Rights of Nationals of the United States of America in Morocco] Contentious   France   United States 28 October 1950 27 August 1952 [20] Judgment on Merits Dissenting [21] Dissenting Opinion (joint)
10 [22] Prevention and Punishment of the Crime of Genocide Advisory   UN General Assembly 20 November 1950 28 May 1951 [23] Opinion on Merits Majority None
11 [24] Request for Interpretation in the Asylum Case Contentious   Colombia   Peru 20 November 1950 27 November 1950 [25] Judgment on Admissibility Majority None
12 [26] Haya de la Torre Contentious   Colombia   Peru 13 December 1950 13 June 1951 [27] Judgment on Merits Majority None
13 [28] Ambatielos Case Contentious   Greece   UK 9 April 1951 19 May 1953 [29] Judgment on Merits
[30]
Majority None
14 [31] Anglo-Iranian Oil Co. Contentious   United Kingdom   Iran 26 May 1951 22 July 1952 [32] Judgment on Jurisdiction Dissenting [33] Dissenting Opinion (joint)
15 [34] Minquiers and Ecrehos Case Contentious   France   UK 5 December 1951 17 November 1953 [35] Judgment on Merits Majority None
16 [36] Nottebohm Case Contentious   Liechtenstein   Guatemala 17 December 1951 6 April 1955 [37] Judgment on Merits
[38]
Majority None
17 [39] Monetary (Nazi) Gold Removed from Rome in 1943 Contentious   Italy   France
  UK
  United States
19 May 1953 15 June 1954 [40] Judgment on Jurisdiction Majority None
18 [41].[Electricite de Beyrouth Company Case] Contentious   France   Lebanon 15 August 1953 29 July 1954 Case Dismissed N/A N/A
19 [42] [Compensation Made by the United Nations Administrative Tribunal] Advisory   UN General Assembly 21 December 1953 13 July 1954 [43] Opinion on Merits Dissenting [44] Dissenting Opinion
20 [45] [Voting Procedure - South West Africa] Advisory   UN General Assembly 6 December 1954 7 June 1955 [46] Opinion on Merits None None
21 [47] [Certain Norwegian Loans] Contentious   France   Norway 6 July 1955 6 July 1957 [48] Judgment on Merits Majority None
22 Advisory   UNESCO 2 December 1955 23 October 1956 [49] Opinion on Merits Dissenting [50] Dissenting Opinion
23 [51] [Admissibility of Hearings - South West Africa] Advisory   UN General Assembly 19 December 1955 1 June 1956 [52] Opinion on Merits Majority None
24 [53] [Right of Passage over Indian Territory] Contentious   Portugal   India 22 December 1955 12 April 1960 [54] Judgment on Merits
[55]
Majority None
25 [56] Convention of 1902 Governing the Guardianship of Infants Contentious   Netherlands   Sweden 10 July 1957 28 November 1958 [57] Judgment on Merits Majority None
26 Interhandel Case] Contentious    Switzerland   United States 2 October 1957 21 March 1959 [58] Judgment on Jurisdiction
[59]
Majority [60] Separate Opinion
27 [61] Aerial Incident of 27 July 1955 (Israel v. Bulgaria) Contentious   Israel   Bulgaria 16 October 1957 26 May 1959 [62] Judgment on Jurisdiction Majority None
28 [63][Sovereignty over Certain Frontier Land] Contentious   Belgium   Netherlands 27 November 1957 20 June 1959 [64] Judgment on Merits Majority None
29 [65] [Arbitral Award Made by the King of Spain on 23 December 1906] Contentious   Honduras   Nicaragua 1 July 1958 18 November 1960 [66] Judgment on Merits Majority None

PositionsEdit

1916 - Law Clerk, U.S. Department of State
1918 - Assistant Solicitor, U.S. Department of State
1925 - Solicitor of the Dept. of State, U.S. Department of State,
1931 - Legal Adviser of the Dept. of State, U.S. Department of State
1930 - Member of U.S. Delegation, Conference on the Codification of International Law
1939 - Adviser to U.S. Secretary of State, Meeting of Foreign Ministers of the American Republics
1940 - Member of U.S. Delegation, Conference of American States
1943 - Member of U.S. Delegation, Moscow Conference
1944 - Member of U.S. Delegation, Dumbarton Oaks Conference
1945 - Chairman, Committee of Jurists for Drafting Statutes of the International Court of Justice
1945 - Adviser to US. Delegation, San Francisco Conference on International Organization of the United Nations
1946 - U.S. Judge, International Court of Justice

AssociationsEdit

  • Council on Foreign Relations
  • District of Columbia Bar
  • U.S. Supreme Court Bar
  • Permanent Court of Arbitration
  • American Society of International Law

PublicationsEdit

  • "Digest of International Law" 1940-1944 (eight volumes)

See alsoEdit

ReferencesEdit

  1. ^ a b c Hoopes, Townsend & Brinkley, Douglas. FDR & The Creation of the U.N. New Haven: Yale University Press, 1997. p.112. Print.
  2. ^ a b c Hilderbrand, Robert C. Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security, Chapel Hill: University of North Carolina Press, 1990. p.18. Print.
  3. ^ a b Whiteman, Marjorie M. "Green Haywood Hackworth: 1883 - 1973" The American Journal of International Law, Vol. 68, No. 1 (Jan., 1974) p.92.
  4. ^ a b c Whiteman, Marjorie M. "Green Haywood Hackworth: 1883 - 1973" The American Journal of International Law, Vol. 68, No. 1 (Jan., 1974) p.91.
  5. ^ Greaves Jr., Percy L. 2010 Pearl Harbor: The Seeds and Fruits of Infamy Auburn: Mises Institute, 2010 p.324.
  6. ^ Hearden, Patrick J. Architects of Globalism: Building a New World Order During World War II Fayetteville: University of Arkansas Press, 2002. p.165. Print.
  7. ^ a b Hilderbrand, Robert C. Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security Chapel Hill: University of North Carolina Press, 1990. p.72.
  8. ^ Hilderbrand, Robert C. Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security Chapel Hill: University of North Carolina Press, 1990. p.116.
  9. ^ Fry, James D. Legal Resolution of Nuclear Non - Proliferation Disputes U.K.: Cambridge University Press, 2013. p.69.
  10. ^ “Corfu Channel Case”.Application. 22 May 1947
  11. ^ “Fisheries Case (United Kingdom v. Norway)”. Application. 28 September 1949
  12. ^ “Fisheries Case (United Kingdom v. Norway)”. [1]. 18 December 1951]

Further readingEdit

  • Cox, Graham 2019 Seeking Justice for the Holocaust: Herbert C. Pell, Franklin D. Roosevelt, and the Limits of International Law University of Oklahoma Press.
  • Pomerance, Michla 1996 The United States and the World Court As a 'Supreme Court of the Nations' Martinus Nijhoff Publishers.
  • Simpson, Christopher 1995 The Splendid Blond Beast: Money, Law, and Genocide in the Twentieth Century, Common Courage Press .