Judge Fatsah OUGUERGOUZ
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Judge Fatsah OUGUERGOUZ Algerian Born on 27 December 1958 Working languages: English and French Email: [email protected] EDUCATION March 1991: Ph. D. in International Law (with honours), The Graduate Institute of International Studies, Geneva (Switzerland). June 1980: Licence en droit (mention assez-bien), Faculty of Law, University of Saint-Etienne (France). JUDICIAL, ARBITRAL, MEDIATION AND CONCILIATION EXPERIENCE Since November 2016: President, International Commission of Inquiry on Burundi, appointed pursuant to Resolution 33/24 of the United Nations Human Rights Council (Geneva). January2006/ September 2016 : Judge, African Court of Human and Peoples'Rights (Arusha, Tanzania) (re- elected on 23 July 2010 for a mandate of 6 years, at the XVth African Union Summit, Kampala, Uganda). Drafted many judgments and orders in my capacity as judge rapporteur; drafted 23 separate or dissenting opinions (see below, pages 6 and 7). 2012/2013: Vice-President of the African Court of Human and Peoples'Rights. Since August 2016: Sole Arbitrator, Permanent Court of Arbitration, Dispute between an individual claimant and an intergovernmental organization (pending). Since January 2016: Co-Arbitrator, Permanent Court of Arbitration, Dispute between an investment company and a State (pending). 2010/2011 : Independent Expert on the Situation of Human Rights in Burundi, appointed by the United Nations Human Rights Council (Geneva). Monitoring of the human rights situation in Burundi, encouraging dialogue between the Government of Burundi and political partners and civil society, assisting the Government in capacity building in the context of a peace building process (reform of the justice and penitentiary system, establishment of the transitional justice mechanisms provided for by the Peace and Reconciliation Agreement for Burundi, signed in Arusha on 28 August 2000). 2000/2006: Secretary of the International Court of Justice (The Hague, Netherlands). Preparation of the rulings of the Court and follow-up of its secret deliberations; drafting of orders and notes of procedure; daily management of the files of cases; drafting of the diplomatic correspondence of procedural or judicial nature; liaison with representatives of States parties to the cases. Participation in the drafting of rulings of the Court in the following contentious cases and advisory proceedings, in particular: ü Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v. Rwanda), 2002-2006. ü Frontier Dispute (Benin/Niger), 2002-2005. ü Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2003-2004. - 2 - ü Avena and Other Mexican Nationals (Mexico v. United States of America), 2003-2004. ü Legality of Use of Force (Serbia and Montenegro v. United Kingdom and 9 other States), 1999-2004. ü Application for Revision of the Judgment of 11 September 1992 in the Case concerning the Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua intervening) (El Salvador v. Honduras), 2002- 2003. ü Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), 2000-2002. ü Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia), 1998- 2002. ü Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening), Merits,1994-2002. ü LaGrand (Germany v. United States of America), 1999-2001. ü Maritime Delimitation and Territorial Questions between Qatar and Bahrain, 1991-2001. 1997/2000: Legal Officer, Registry of the International Court of Justice (The Hague). Research and assistance in the drafting of the rulings of the Court, in particular in the following contentious cases and advisory proceedings: ü Request for Interpretation of the Judgment of 11 June 1998 in the Case concerning the Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria), Preliminary Objections (Nigeria v. Cameroon), 1998- 1999. ü Vienna Convention on Consular Relations (Paraguay v. United States of America), 1998. ü Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria), Preliminary Objections,1994-1998. ü Gabčíkovo-Nagymaros Project (Hungary/Slovakia),1993-1997. ü Kasikili/Sedudu Island, Botswana v. Namibia, 1996-1999. ü Fisheries Jurisdiction, Spain v. Canada, 1995-1998. 1995/1997: Special Assistant to the President of the International Court of Justice. Assistance in the drafting of speeches to the United Nations General Assembly and Sixth Committee in particular; research and assistance in contentious cases and advisory proceedings (Legality of the Threat or Use of Nuclear Weapons, 1995-1996, and Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court's Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case, 1995). LEGAL EXPERIENCE August/ Human Rights Officer (in Rwanda), United Nations High Commissioner for October 1994: Human Rights (Geneva), Assisting the Special Rapporteur for Rwanda of the Commission on Human Rights and the Independent Commission of Experts established pursuant to Security Council Resolution 935 (1994). Gathering information on grave violations of international humanitarian law and possible acts of genocide in Rwanda and assisting the Special Rapporteur and the Commission in the drafting of their reports (which led to the establishment on 8 November 1994 of the International Criminal Tribunal for Rwanda). August 1992/ Legal Officer, Office of Legal Affairs, July 1994: United Nations (New York). Judge Fatsah Ouguergouz - 3 - Since February International Senior Expert, United Nations Institute for Training and Research 2009: (UNITAR), Geneva. January 2007/ Consultant, Permanent Delegation of the African Union in Geneva. August 2008: November 2005: Independent Expert, African Union, Addis Ababa (Ethiopia), Co-Drafter of the Draft of the Protocol establishing the African Court of Justice and Human Rights adopted by the Assembly of the African Union in Sharm El-Sheikh in July 2008. March/ Consultant, Department of International Norms, April 1992: International Labour Office (Geneva). ACADEMIC AND SCHOLARLY EXPERIENCE TEACHING AND RESEARCH POSITIONS Summer/Winter Visiting Professor, Geneva Academy of International Humanitarian Law and 2014: Human Rights (Geneva). Fall 2008: Father Robert F. Drinan S.J. Visiting Professor of Human Rights, Georgetown University Law Center (Washington D.C., USA). Spring 2008: Visiting Professor, School of Law, University Panthéon-Assas (Paris II). January 1989/ Assistant Professor, Department of Public International Law and International May 1992: Organization, Faculty of Law, University of Geneva. September 1991/ Orville H. Schell Fellow (Associate Researcher), January 1992: Yale Law School, New Haven (Conn., USA). Since 1993: Associate Editor of the African Yearbook of International Law (Editor-in-Chief of the French Edition), Volumes II to XIX, issued in 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012 (Martinus Nijhoff Publishers, Leiden/Boston). MISCELLANEOUS July 2016: Senior Lecturer, UNITAR, International Law Programme, Training seminar for Staff Members of the Cooperation Council for the Arab States of the Gulf, Riyadh (Saudi Arabia). November 2013/ Senior Lecturer, UNITAR, International Law Programme, Training seminar for February 2014 Members of the Ministry of Foreign Affairs of Algeria, Algiers. March 2013 : Senior Lecturer, UNITAR, Diplomacy and International Affairs Programme, Human Rights Briefing for Government Officials of the United Arab Emirates, Abu Dhabi (UAE). February 2012/ Senior Lecturer, Office of Legal Affairs, United Nations (New York), Training February 2015: of African diplomats, lawyers and professors, Regional Course in International Law Human Rights and Movement of persons (Addis Ababa). April 2011: Senior Lecturer, North African Litigation Initiative, Arab Institute of Human Rights (Tunis) & Egyptian Initiative for Personal Rights (Cairo), Training of 30 lawyers from Algeria, Egypt, Libya, Mauritania, Sudan and Tunisia. Judge Fatsah Ouguergouz - 4 - July 2010/ Moderator, «Introduction to the United Nations System» Online Course, July 2013: UNITAR (Geneva), Module 5: «The Principal Organs of the United Nations: Focus on the International Court of Justice». July 2010/ Moderator, Brandeis Institute for International Judges, International Center for June 2016: Ethics, Justice and Public Life, Brandeis University (Waltham, Massachussets, USA), Sessions of Salzburg (Austria) and Copenhagen (Denmark). July 2009: Lecturer, 40th Study Session of the International Institute of Human Rights (Strasbourg, France), Holder of the Lannung Chair. February 2009: Senior Lecturer, American Bar Association, Rule of Law Initiative (Washington D.C), Training of 60 Algerian Lawyers and Judges, Algiers and Oran (Algeria). July 2007 : Senior Lecturer, UNITAR, Diplomacy and International Affairs Programme, Training Seminar for the Members of the Eritrean Diplomatic Corps, Asmara (Eritrea). July 2007: Lecturer, Stetson University College of Law (Gulfport, Florida, USA), Summer Institute in International and Comparative Law, The Hague. November 2006: Lecturer, 34th Session of the External Programme of The Hague Academy of International Law, Addis Ababa (Ethiopia). July 1999: Lecturer, 30th Study Session of the International Institute of Human Rights (Strasbourg, France). July 1998: Lecturer, 29th Study Session of