The Life of Sir Hersch Lauterpacht, QC, FBA, LLD Elihu Lauterpacht Frontmatter More Information

Cambridge University Press 978-1-107-00041-4 - The Life of Sir Hersch Lauterpacht, QC, FBA, LLD Elihu Lauterpacht Frontmatter More information

THELIFEOF SIR HERSCH LAUTERPACHT, QC,FBA,LLD

Hersch Lauterpacht, of whom this book is an intimate biography by his son, Elihu, was one of the most prolific and influential international lawyers of the first half of the twentieth century.Having come to England in the early 1920s, he first researched and taught at the London School of Economics before moving to Cambridge in 1937 to become Whewell Professor of International Law. He did valuable work to enhance relations with the United States during the Second World War, and was active after the war in the prosecution of William Joyce and the major Nazi war criminals. For ten years he was also involved in various significant items of professional work and in 1955 he was elected a judge of the International Court of Justice. The book contains many extracts from his correspondence, the interest of which will extend to lawyers, historians of the period and beyond. sir elihu lauterpacht, cbe, qc has had a distinguished career in international law, combining teaching and practice on an extensive scale. He was called to the Bar in 1950,becameaQCin1970, and has practised extensively before the International Court of Justice and other international jurisdictions, as well as before the English courts. He was ad hoc judge in the Bosnia case before the International Court, has been an arbitrator in NAFTA, ICSID and other arbitrations, President of the East African Common Market Tribunal, of a Panel of the UN Compensation Commission, the World Bank and Asian Devel- opment Bank Administrative Tribunals and of the Eritrea–Ethiopia Boundary Commission.

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THE LIFE OF SIR HERSCH LAUTERPACHT, QC, FBA, LLD

BY SIR ELIHU LAUTERPACHT cbe, qc honorary professor of international law in the university of cambridge member of the institut de droit international fellow of trinity college, cambridge bencher of gray’s inn

cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao˜ Paulo, Delhi, Dubai, Tokyo, Mexico City Cambridge University Press The Edinburgh Building, Cambridge cb2 8ru,UK Published in the United States of America by Cambridge University Press, New York

www.cambridge.org Information on this title: www.cambridge.org/9781107000414

C Lauterpacht Centre for the Study of International Law, University of Cambridge 2010

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2010

Printed in the United Kingdom at the University Press, Cambridge

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To the memory of Hersch Lauterpacht, and of his parents, Aron and Deborah, and the other members of his family who perished in the Holocaust; and to the memory also of his devoted wife, Rachel Lauterpacht, and her parents, Michael and Gittel Steinberg

CONTENTS

List of plates page viii Acknowledgments x List of abbreviations xi

Prologue and introduction 1 1 Background and early years, 1897–1919 9 2 Vienna: research, engagement and marriage, 1919–1923 26 3 England and the London School of Economics, 1923–1937 38 4 Cambridge, 1937–1939: the Whewell Chair 82 5 The war years, Part i: September 1939–January 1941 100 6 The war years, Part ii: February 1941–March 1942 141 7 The war years, Part iii: April 1942–December 1944 191 8 Human rights 251 9 The years of practice, 1945–1950 265 10 1950–1954 332 11 The International Court of Justice, 1955–1960 373 Epilogue: the man 423

Appendix 1 The published writings of Sir Hersch Lauterpacht 430 Appendix 2 Biographical and academic writings on Sir Hersch Lauterpacht 443 Appendix 3 Obituaries of Sir Hersch Lauterpacht 446 Appendix 4 Chronology of signiﬁcant events in the life of Sir Hersch Lauterpacht 447 Index 467

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PLATES

The plates will be found between pages 372 and 373.

1 1902 Lauterpacht family portrait. From left, HL, with his arm through his father’s, his father, his mother, Deborah (nee´ Turkenkopf), his sister, Sabka, and his brother, Dunek. 2 1913 HL at 16, early in the First World War, taken in Lemberg (Lwow)´ 3 1920 c. RL, aged 20 4 1922 HL 5 1922 HL with Jewish students in Vienna, Leon Steinig seated on his right 6 1922 18 December, HL and RL in Berlin on the day of their engagement 7 1922 18 December, HL and RL in Berlin on the day of their engagement 8 1923–4 LSE, International Law class. HL second from right, front row; Arnold McNair in centre of front row. 9 1932 HL and EL on Hampstead Heath, London 10 1933 c. HL’s mother and father, HL behind his father, RL on the right, EL in front 11 1933 RL, HL and EL outside their home at 103 Walm Lane, Cricklewood, London 12 1935 HL on holiday in Switzerland 13 1942 c. HL in the Cambridge Home Guard. HL is in the third row from the front, fifth from the right. 14 1945 Members of the British prosecution team at Nurem- berg. Front row, left to right: HL; the Rt Hon. Sir David Maxwell Fyfe, KC, MP; HM Attorney- General Sir Hartley Shawcross, KC, MP; Mr G. D. Roberts,KC;andMrPatrickDeanoftheForeign Office.Backrow,lefttoright:MajorJ.H.Bar- rington; Major Elwyn Jones MP; Mr E. G. Robey; Lt-Col. M. Griffith Jones MC; Col. H. J. Phillimore; Mr Maurice Read; and Mr Bashford. 15 1945 c. HL in the garden at 6 Cranmer Road, Cambridge. 16 1946 The British team at the ICJ in the Corfu Channel hearings. From the right, Sir Hartley Shawcross (Attorney-General),

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LIST OF PLATES Sir Eric Beckett (Legal Adviser of the Foreign Ofﬁce), HL, Humphrey Waldock, Richard Wilberforce, J. Mervyn Jones. 17 1948 HL and RL in Boulder, Colorado 18 1949 26 April 1949, HL upon taking silk. From left to right: Reynold Bennett (second cousin of RL), RL, HL, Inka 19 1950 HL and RL with Lord and Lady McNair at Cranmer Road, Cambridge 20 1952 HL with some of his research students. From the left, Iain McGibbon, Ruth Goldstein, Arthur Albrecht, Felice Morgenstern, HL, D. P. O’Connell, Alan Philip. 21 1952 HL and RL at the session of the Institut de droit international in Siena, Italy, 17–26 April 1952. HL and RL are in the third and fourth rows from the front, third and fourth from the right. 22 1953 HL in Geneva during the session of the International Law Commission 23 1954 HL and EL in Brighton 24 1955 HL at the ICJ 25 1956 The ICJ in session, HL at the right-hand end of the row 26 195614 February 1956, HL and RL, following his investiture as a Knight at Buckingham Palace

ACKNOWLEDGMENTS

In the preparation of this work I have received much assistance from a wide range of friends and scholars in the field. I list them in alpha- betical order since, although their contributions have varied in scale, it would be invidious to weigh the value of one against another. I am immensely grateful to them all, though I need hardly add that they bear no responsibility for the product. Those to whom I am indebted include Professor Philip Allott; the American Jewish Committee; Ms Mahnoush Arsanjani; Mr Daniel Bethlehem; Ms Michelle Bradfield; Professor Jonathan A. Bush; Dr and Mrs M. Cahn; Mr Jeremy Carver and Messrs Clifford Chance & Co.; Professor James Crawford; Mrs K. Das; Mrs Lesley Dingle; the late Mr W. Frankel; Ms Emanuela-Chiara Gillard; Ms Norah Gallagher; Dr Joanna Gomula; Dame Rosalyn Higgins; the late Sir Robert Jen- nings; Mr Tim Johnson; Mrs Inka Katz; Professor Martti Koskenniemi; the late Mr Vitaly Kutik; Ms Catherine Lammers; Ms Sarah Latimer; Ms Dinah Heller; the LSE archives; Ms Frances Meadows; Mr Tony Millett; Ms Amanda Morgan; Ms Penelope Nevill; Professor Shabtai Rosenne; Professor Christoph Schreuer; Judge Stephen M. Schwebel; Ms Merav Segal; Mr William Shawcross; Ms Karen von Hippel; Dr Michael Waibel; Mr Tony Weir; Mr Aureliusz Wlaz; and all those who sent their recollections to RL in 1960. In addition, I must express my special thanks to the Leverhulme Trust and to Trinity College, Cambridge, for substantial grants towards meeting the costs of the preparation of this work. I appreciate also the consideration shown by Finola O’Sullivan, and her colleagues at Cambridge University Press. Nor can I fail to mention specifically the great contribution of Miss Maureen MacGlashan who has prepared the index, Mr Andrew Sanger, especially in the late stages of the work, and my personal assistant, Mrs Jenny Byford, who has shown great skill and patience in coping with my repeatedly changing drafts. To my wife, Catherine, and our children, who have been obliged to tolerate my virtual withdrawal from family life while this book was being written, I offer my loving thanks and blessings.

ABBREVIATIONS

AD Annual Digest and Reports of Public International Law Cases, 1929–49 (continued as ILR) AIOC Anglo-Iranian Oil Company AJC American Jewish Committee AJIL American Journal of International Law Annuaire Annuaire de l’Institut de Droit International Archive Archive of HL-related papers ASIL American Society of International Law BYIL British Year Book of International Law CLJ Cambridge Law Journal Collected Papers International Law – The Collected Papers of H. Lauter- pacht, ed. E. Lauterpacht, 5 vols. (Cambridge, Cambridge University Press, 1970–2004) EJIL European Journal of International Law EL Elihu Lauterpacht Hague Academy Academy of International Law, The Hague HAZ Organization of the Zionist Academics in Galicia HL Hersch Lauterpacht ICJ International Court of Justice ICLQ International and Comparative Law Quarterly ILA International Law Association ILC International Law Commission ILO International Labour Organization ILR International Law Reports (continuation of AD from 1950) KB Law Reports, King’s Bench KOC Kuwait Oil Company LQR Law Quarterly Review LSE London School of Economics and Political Sci- ence Oppenheim Oppenheim’s International Law PCIJ Permanent Court of International Justice Private Law Sources Private Law Sources and Analogies of Public Interna- tional Law (London, Longmans, 1927) RL Rachel Lauterpacht

LIST OF ABBREVIATIONS The Function of Law The Function of Law in the International Community (Oxford, Clarendon Press, 1933) UN United Nations UNESCO United Nations Educational, Scientiﬁc and Cul- tural Organization WUJS World Union of Jewish Students

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