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Christopher John Robert Dugard (born 23 August 1936 in
Fort Beaufort Fort Beaufort ( Xhosa: iBhofolo) is a town in the Amatole District of South Africa's Eastern Cape Province, and had a population of 25,668 in 2011. The town was established in 1837 and became a municipality in 1883. The town lies at the conflu ...
), known as John Dugard, is a South African professor of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. His main academic specializations are in
Roman-Dutch law Roman-Dutch law ( Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, ...
, public international law,
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
,
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
,
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail o ...
and
international criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
. He has served on the
International Law Commission The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
, the primary UN institution for the development of international law, and has been active in reporting on human-rights violations by
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
in the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
. He has written several books on apartheid, human rights, and international law, in addition to coauthoring textbooks on criminal law and procedure and international law. He has also written extensively on South African apartheid.


Education

John Dugard attended Queens Collage, Queenstown passed Matriculation in 1953 and later earned his BA (1956) and LLB (1958) degrees at
Stellenbosch University Stellenbosch University ( af, Universiteit Stellenbosch) is a public research university situated in Stellenbosch, a town in the Western Cape province of South Africa. Stellenbosch is the oldest university in South Africa and the oldest extant ...
(South Africa) and a second LLB (1965) and LL.D. degree, a Diploma in International Law (1965), and an LL.D. Degree (1980), all from
Cambridge University , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...
.


Career


Academic

From 1975–1977, Dugard was the Dean and a Professor of Law at the
University of Witwatersrand The University of the Witwatersrand, Johannesburg (), is a multi-campus South African public research university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University or Wits ( or ). The university ...
(
Johannesburg Johannesburg ( , , ; Zulu language, Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a Megacity#List of megacities, megacity, and is List of urban areas by p ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
). From 1978–1990, he was the Director of the
University of Witwatersrand The University of the Witwatersrand, Johannesburg (), is a multi-campus South African public research university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University or Wits ( or ). The university ...
's Centre for Applied Legal Studies, "a research centre committed to the promotion of Human Rights in South Africa". Dugard was Director of the Lauterpacht Centre for International Law at the University of Cambridge from 1995–1997. In 1998, Dugard was appointed Chair in Public International Law at
Leiden University Leiden University (abbreviated as ''LEI''; nl, Universiteit Leiden) is a public research university in Leiden, Netherlands. The university was founded as a Protestant university in 1575 by William, Prince of Orange, as a reward to the city o ...
in the Netherlands and as Director of the Advanced LL.M. programme in Public International Law. Since 2006 he has been a Professor of Law at the Centre for Human Rights of the
University of Pretoria The University of Pretoria ( af, Universiteit van Pretoria, nso, Yunibesithi ya Pretoria) is a multi-campus public research university in Pretoria, the administrative and de facto capital of South Africa. The university was established in 1908 ...
. He has held visiting professorships at
Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...
,
Duke University Duke University is a private research university in Durham, North Carolina. Founded by Methodists and Quakers in the present-day city of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco and electric power industrialist Jam ...
,
UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant uni ...
and
University of Pennsylvania The University of Pennsylvania (also known as Penn or UPenn) is a Private university, private research university in Philadelphia. It is the fourth-oldest institution of higher education in the United States and is ranked among the highest- ...
, and
University of New South Wales The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensiv ...
(Australia).


Other professional activities

Dugard has, since 1997, served as a member of the
International Law Commission The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
. In 2000, he became its Special Rapporteur on Diplomatic Protection. In 2000, he served as Judge ad hoc in the cases concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Burundi) (Democratic Republic of the Congo v. Uganda) and (Democratic Republic of the Congo v. Rwanda) at the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
. Dugard visited the Palestine Center in Washington DC in March 2009 and gave a lecture entitled "Apartheid and Occupation under International Law." The video and the transcript of the lecture were made available online.


United Nations

After the outbreak of the Palestinian
Second Intifada The Second Intifada ( ar, الانتفاضة الثانية, ; he, האינתיפאדה השנייה, ), also known as the Al-Aqsa Intifada ( ar, انتفاضة الأقصى, label=none, '), was a major Palestinian uprising against Israel ...
in late 2000, John Dugard was appointed by the
United Nations Commission on Human Rights The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of ...
(UNCHR) chairman of a commission of inquiry on the situation of human rights in the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
. In 2001, Dugard was appointed United Nations Special Rapporteur to UNCHR. He was required to submit annual reports and recommendations to the UNCHR concerning the situation of international human rights and humanitarian law in the Palestinian territories. In its first special session in July 2006, the
United Nations Human Rights Council The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ...
dispatched an urgent fact-finding mission headed by Dugard to report on the situation in the Palestinian territories. On 26 September 2006, Dugard reported that the "standards of human rights in the Palestinian territories have fallen to intolerable new levels". Beginning in 2008, Dugard served as Judge ad hoc on the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
. Dugard visited the Palestine Center in Washington DC in March 2009 and gave a lecture entitled "Apartheid and Occupation under International Law."


2007 and 2008 Reports

Dugard released a report to the
General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of pres ...
in February 2007 that stated "Israel's laws and practices certainly resemble aspects of
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
" in the Palestinian territory. Dugard also stated, "discrimination against Palestinians occurs in many fields. Moreover, the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid appears to be violated by many practices, particularly those denying freedom of movement to Palestinians. (...) At the same time elements of the occupation constitute forms of colonialism and of apartheid, which are contrary to international law". In the same report, Dugard said that "Jewish settlements in the West Bank are illegal. They violate article 49, paragraph 6, of the Fourth Geneva Convention and their illegality has been confirmed by the International Court of Justice in its advisory opinion on the Wall. Despite the illegality of settlements and the unanimous condemnation of settlements by the international community, the Government of Israel persists in allowing settlements to grow. Sometimes settlement expansion occurs openly and with the full approval of the Government (...) Sometimes settlements expand unlawfully in terms of Israeli law, but no attempt is made to enforce the law (...) Undoubtedly the most aggravated settler behaviour occurs in Hebron, where Palestinian schoolchildren are assaulted and humiliated on their way to schools, shopkeepers are beaten and residents live in fear of settler terror. Despite rulings of the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
that it is the duty of the
IDF IDF or idf may refer to: Defence forces *Irish Defence Forces *Israel Defense Forces *Iceland Defense Force, of the US Armed Forces, 1951-2006 *Indian Defence Force, a part-time force, 1917 Organizations *Israeli Diving Federation *Interaction ...
to protect Palestinian farmers from settlers, there is still evidence that the IDF turns a blind eye to settler violence and, on occasion, collaborates with the settlers in harassing and humiliating Palestinians. Indeed I have witnessed such conduct on the part of the IDF myself in
Hebron Hebron ( ar, الخليل or ; he, חֶבְרוֹן ) is a Palestinian. city in the southern West Bank, south of Jerusalem. Nestled in the Judaean Mountains, it lies above sea level. The second-largest city in the West Bank (after Eas ...
", that "it is difficult to resist the conclusion that many of Israel’s laws and practices violate the 1966
Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
. Israelis are entitled to enter the closed zone between the Wall and the Green Line without permits while Palestinians require permits to enter the closed zone; house demolitions in the West Bank and East Jerusalem are carried out in a manner that discriminates against Palestinians; throughout the West Bank, and particularly in Hebron, settlers are given preferential treatment over Palestinians in respect of movement (major roads are reserved exclusively for settlers), building rights and army protection; and the laws governing family reunification (para. 48 above) unashamedly discriminate against Palestinians. It is less certain that the International Convention on the Suppression and Punishment of the Crime of Apartheid is violated" and that "the international community, speaking through the United Nations, has identified three regimes as inimical to human rights - colonialism, apartheid and foreign occupation. Numerous resolutions of the General Assembly of the United Nations testify to this. Israel’s occupation of the West Bank, Gaza and East Jerusalem contains elements of all three of these regimes". Referring to Israel's actions in the West Bank, he wrote, "Can it seriously be denied that the purpose ..is to establish and maintain domination by one racial group (Jews) over another racial group (Palestinians) and systematically oppressing them? Israel denies that this is its intention or purpose. But such an intention or purpose may be inferred from the actions described in this report." Critics noted that Dugard was appointed in 2001 as an unpaid expert by UNCHR to investigate only violations by the Israeli side. Israel and the U.S. therefore dismissed his reports as one-sided. Israel's UN ambassador in Geneva,
Itzhak Levanon Itzhak Levanon (born November 5, 1944) is an Israeli diplomat. He was Israel's ambassador to Egypt from 2009 to 2011. Biography Levanon was born in Beirut to Yosef and Shulamit Kishik-Cohen. He attended Alliance Israélite Universelle, the Inter ...
, said that "Professor Dugard will better serve the cause of peace by ceasing to enflame the hatred between Israelis and Palestinians, who have embarked on serious talks to solve this contentious situation." An Israeli foreign ministry spokesman, Mark Regev, said it was "rank politicisation" of the UN's human rights apparatus. "This is the promoting of partisan, one-sided political attitudes which frankly don't serve the interests of anyone who is seriously interested in human rights." Dugard also issued a report to the General Assembly in 2008. In this report he responded to criticism of him by pointing out that "the mandate of the Special Rapporteur therefore requires him to report on human rights violations committed by the occupying Power and not by the occupied people". Also wrote that "Gaza remains occupied territory" and that "the collective punishment of Gaza by Israel is expressly prohibited by international humanitarian law and has resulted in a serious humanitarian crisis". In 2009, Dugard was replaced as Special Rapporteur by United States professor of international relations Richard A. Falk.


Other writings on Israel and the Palestinian territories

In an August 2009 article for the ''
Huffington Post ''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'', Dugard compared the current situation in the occupied Palestinian territory to
South African apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid ...
. "Israel is long overdue", he wrote, "to undergo the same racial reckoning and transformation that the United States underwent in the 1960s and South Africa passed through in the 1990s". He stated that Israeli settlers had two choices: to "leave the occupied territories" or "live under Palestinian law". And he declared that "Israel must make the choice in the weeks ahead whether it intends to continue ruling over the Palestinians indefinitely or will step back from the dual system of law and apartheid it appears poised to embrace under the leadership of Prime Minister
Netanyahu Benjamin "Bibi" Netanyahu (; ; born 21 October 1949) is an Israeli politician who served as the ninth prime minister of Israel from 1996 to 1999 and again from 2009 to 2021. He is currently serving as Leader of the Opposition and Chairman of ...
." Dugard also compared Israeli policy in the occupied Palestinian territory to apartheid in South Africa in a November 2011 article for ''
Al Jazeera Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazee ...
''. While acknowledging some distinctions between the two systems, he said that "in practice, there is little difference", with both regimes being "characterized by discrimination, repression and territorial fragmentation (that is, land seizures)." He said that Israel's "confiscation of Palestinian farms under the pretext of building a security wall" was reminiscent of South African actions against blacks, and argued that "Israel has gone beyond apartheid South Africa in constructing separate (and unequal) roads for Palestinians and settlers". He also claimed that Israeli security forces, like the South African Security Police, "practiced torture on a large scale". In a 2012 paper, Dugard reiterated his comparison of Israel and South Africa. "Israel does not recognize those who engage in resistance activities, either as combatants or as protesters, as 'political' prisoners as this would confer legitimacy on the cause that motivates them", wrote Dugard. "Instead they are termed ordinary criminals, security prisoners or, most frequently, 'terrorists.' South Africa too sought to denigrate its political prisoners in this way". He further maintained that "more Palestinians have been killed in targeted assassinations of combatants
y Israel Y, or y, is the twenty-fifth and penultimate letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. According to some authorities, it is the sixth (or seventh ...
than were judicially executed in South Africa". He concluded that "However cruel and inhuman the conditions of Palestinian prisoners, however unfair the trials that sent them to prison, and however demeaning their characterization as 'criminals' or 'terrorists,' we should not forget that Palestinian prisoners are the fortunate ones. For they were not murdered by a regime that murders political opponents under the euphemism of 'targeted assassinations.'" In a September 2012 article, he declared that Britain, as the original "Mandatory Power" governing what is now Israel under a League of Nations mandate, had violated a "sacred" obligation to Palestinians by supporting Israel over the decades and that the "jury is still out on the question whether Israel acted in self-defence or as an aggressor" in the
Six-Day War The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 ...
. "Sadly Britain has done little to protect the human rights of the Palestinian people or to advance their independence", Dugard wrote. While questioning the legality of the 1947 UN resolution establishing Israel, he argued for the legitimacy of Palestine as a state, noting that it is a member of the
League of Arab States League or The League may refer to: Arts and entertainment * ''Leagues'' (band), an American rock band * '' The League'', an American sitcom broadcast on FX and FXX about fantasy football Sports * Sports league * Rugby league, full contact foo ...
and of
UNESCO The United Nations Educational, Scientific and Cultural Organization is a List of specialized agencies of the United Nations, specialized agency of the United Nations (UN) aimed at promoting world peace and security through international coope ...
and that "between 120 and 130 states have recognised the state of Palestine in some way or another". Dugard was one of 52 international figures who signed a 2012 letter calling for a military embargo against Israel on the eve of the International Day of Solidarity with the People of Palestine. Among the other signatories were
Nobel Peace laureate The Nobel Peace Prize is one of the five Nobel Prizes established by the will of Swedish industrialist, inventor and armaments (military weapons and equipment) manufacturer Alfred Nobel, along with the prizes in Chemistry, Physics, Physiolo ...
s
Mairead Maguire Mairead MaguireFairmichael, p. 28: "Mairead Corrigan, now Mairead Maguire, married her former brother-in-law, Jackie Maguire, and they have two children of their own as well as three by Jackie's previous marriage to Ann Maguire." (born 27 Januar ...
and
Adolfo Pérez Esquivel Adolfo Pérez Esquivel (born 26 November 1931) is an Argentine activist, community organizer, painter, writer and sculptor. He was the recipient of the 1980 Nobel Peace Prize for his opposition to Argentina's last civil-military dictatorship (1 ...
, performer
Roger Waters George Roger Waters (born 6 September 1943) is an English musician, singer-songwriter and composer. In 1965, he co-founded the progressive rock band Pink Floyd. Waters initially served as the bassist, but following the departure of singer-s ...
, filmmakers
Mike Leigh Mike Leigh (born 20 February 1943) is an English film and theatre director, screenwriter and playwright. He studied at the Royal Academy of Dramatic Art (RADA) and further at the Camberwell School of Art, the Central School of Art and Des ...
and
Ken Loach Kenneth Charles Loach (born 17 June 1936) is a British film director and screenwriter. His socially critical directing style and socialist ideals are evident in his film treatment of social issues such as poverty ('' Poor Cow'', 1967), homelessn ...
, and authors
Alice Walker Alice Malsenior Tallulah-Kate Walker (born February 9, 1944) is an American novelist, short story writer, poet, and social activist. In 1982, she became the first African-American woman to win the Pulitzer Prize for Fiction, which she was awa ...
and
Naomi Klein Naomi A. Klein (born May 8, 1970) is a Canadian author, social activist, and filmmaker known for her political analyses, support of ecofeminism, organized labour, left-wing politics and criticism of corporate globalization, fascism, ecofascism ...
. Citing "Israel's unchecked belligerence" and "subjugation of Palestinians", the letter argued that "Israel's attempt to justify heillegal use of belligerent and disproportionate military force as 'self-defence' does not stand up to legal - or moral - scrutiny, as states cannot invoke self-defence for acts that serve to defend an unlawful situation which they have created in the first place".


Criticism of Dugard

The
Anti-Defamation League The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is an international Jewish non-governmental organization based in the United States specializing in civil rights law. It was founded in late Septe ...
(ADL) called on U.N. Secretary General
Kofi Annan Kofi Atta Annan (; 8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founde ...
and High Commissioner for Human Rights
Louise Arbour Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former ...
in 2004 to remove Dugard from the position of U.N. Special Rapporteur for Human Rights, for his "clearly demonstrated bias against the State of Israel". The ADL cited Dugard's report, "Question of the violation of human rights in the occupied Arab territories, including Palestine", in which, according to the ADL, he "presents personal convictions as fact, and goes well beyond reporting to an incendiary call for action by the international community against Israel". While "Dugard comprehensively presents as fact alleged Israeli human rights abuses against the Palestinians", charged the ADL, his report made "little to no mention of Palestinian involvement in terrorism against Israel, of Palestinian arms smuggling tunnels, or rocket attacks against Israeli towns".
UN Watch UN Watch is a Geneva-based non-governmental organization whose stated mission is "to monitor the performance of the United Nations by the yardstick of United Nations Charter, its own Charter". It is an accredited NGO in Special Consultative Statu ...
criticized Dugard in 2006, protesting his appointment to lead a "fact-finding mission...on the situation of human rights in the Palestinian territories". Dugard's reports, complained UN Watch, "stand out, even by UN standards, for their virulently anti-Israel prejudice. Not only does Dugard systematically ignore Palestinian acts of terror and their victims, but he has gone so far as to laud Palestinian 'militarized groups armed with rifles, mortars, and Kassam-2 rockets hoconfront the sraeli armywith new determination, daring, and success.'" Also, while "many UN figures...like to lambaste Israel", Dugard is "the only appointee of the UN who regularly rails against the UN-sponsored Quartet and its Road Map for Middle East Peace". Citing Dugard's statement about the recent capture by Hamas of Israeli Corporal Gilad Shalit, in which Dugard expressed sympathy "for all Israel's young soldiers compelled to serve in the army of an occupying power", UN Watch commented that "Dugard could not bring himself to express sympathy for the captured soldier without wrapping it in a sharp stab, drenched with cynicism, at Israel's morality. We've seen nothing to suggest Corporal Shalit has felt anything other than patriotic about his service". UN Watch further noted that while Dugard had criticized the use of the death penalty by the Palestinian Authority against Palestinian convicts, he had never made reference in his reports to "the terror faced daily by Israeli civilians" and "the attempted mega-terror attacks against Israeli skyscrapers, ports and fuel depots".


Memberships

He is a member of the Institut de Droit International. Since 1997 he has been a member of the UN International Law Commission. He is a member of the
Crimes Against Humanity Initiative The Crimes Against Humanity Initiative is a rule of law research and advocacy project of the Whitney R. Harris World Law Institute. Started in 2008 by Professor Leila Nadya Sadat, the Initiative has as its goals the study of the need for a comp ...
Advisory Council, a project of the
Whitney R. Harris World Law Institute The Whitney R. Harris World Law Institute at Washington University School of Law, established in 2000 as the Institute for Global Legal Studies, serves as a center for instruction and research in international and comparative law. Background ...
at
Washington University School of Law Washington University in St. Louis School of Law (WashULaw) is the law school of Washington University in St. Louis, a private university in St. Louis, Missouri. WashULaw has consistently ranked among the top law schools in the country; it is c ...
in St. Louis to establish the world's first treaty on the prevention and punishment of crimes against humanity.


Honors and awards

John Dugard has honorary doctorates of law from the
University of Cape Town The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university statu ...
,
University of Natal The University of Natal was a university in the former South African province Natal which later became KwaZulu-Natal. The University of Natal no longer exists as a distinct legal entity, as it was incorporated into the University of KwaZulu-N ...
,
University of Port Elizabeth The University of Port Elizabeth (UPE) was a public university located in Port Elizabeth in the Eastern Cape province of South Africa. UPE was founded on 31 January 1964, by an act of parliament, and held its first academic year in 1965. It off ...
,
University of Pretoria The University of Pretoria ( af, Universiteit van Pretoria, nso, Yunibesithi ya Pretoria) is a multi-campus public research university in Pretoria, the administrative and de facto capital of South Africa. The university was established in 1908 ...
,
University of Stellenbosch Stellenbosch University ( af, Universiteit Stellenbosch) is a public research university situated in Stellenbosch, a town in the Western Cape province of South Africa. Stellenbosch is the oldest university in South Africa and the oldest ext ...
and the
University of the Witwatersrand The University of the Witwatersrand, Johannesburg (), is a multi-campus South African public research university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University or Wits ( or ). The university ...
. In April 2012, he received one of South Africa's highest civilian honors, the Order of the Baobab: Gold, in a ceremony conducted by President Jacob Zuma.


Selected bibliography


Books

* ''International Law: A South African Perspective'' 3rd Edition (2006) * ''The Last Years of Apartheid: Civil Liberties in South Africa'', with Nicholas Haysom, Gilbert Marcus (1992) * ''Recognition and the United Nations'' (1987) * ''Human Rights and the South African Legal Order'' (1978) * ''The South West Africa/Namibia Dispute'' (1973) *''Introduction to criminal procedure'' Juta and Co Ltd (1977) *''Recognition and the United Nations'' Grotius Publications (1987)


Articles in scholarly journals

*"Objections to the revision of the 1962 judgment of the International Court of Justice in the South West Africa cases" (1965) 82, South African Law Journal, 178-191 *"The legal effect of United Nations Resolutions on Apartheid" (1966) 83, South African Law Journal, 44–59. *"South West Africa cases, second phase, 1966" (1966) 83, South African Law Journal, 429-460 *"The Organization of African Unity and Colonialism: An enquiry into the plea of self-defence as a justification for the use of force in the eradication of colonialism" (1967) 16, International and Comparative Law Quarterly, 157-190 *"The revocation of the mandate for South West Africa" (1968) 62, American Journal of International Law, 78-97 *"The Simonstown Agreement : South Africa, Britain and the United Nations" (1968) 85, South African Law Journal, 142-156 *"South West Africa and the supremacy of the South African parliament" (1969) 86, South African Law Journal, 194-201 *"The judicial process, positivism and civil liberty" (1971) 88, South African Law Journal 181-200 *"Academic freedom in South Africa" (1970) 3, Droits de l'homme 186-194 *"The political trial: Some special considerations" (1974) 95, South African Law Journal 59-72 *"Statutory interpretation as an exercise in choice" (1978) 95, South African Law Journal pp 451–454 *"Some realism about the judicial process and positivism" (1981) 98, South African Law Journal 372-387 *"Chief Justice versus President: Does the ghost of Brown v Leyds NO still haunt our judges?" (1981) 165, De Rebus 421-422 *"Judges and unjust laws" (1981) 22/2, Codicillus 50-55 *"The judiciary and national security" (1982) 99, South African Law Journal 655-659 *"A triumph for executive power – an examination of the Rabie report and the Internal Security Act 74, of 1982" (1982) 99 South African Law Journal 589-604 *"Using the law to pervert justice" (1983) 11/2, Human Rights (American Bar Association) 22–25, 50–54. *"Towards Genuine democracy in conflict ridden countries: A South African perspective" (1991) 1, Beyond Law (Mas Alla del Derecho Colombia) 65–76. *"Human rights, apartheid and lawyers. Are there any lessons for lawyers from common law countries?" (1992) 15, University of New South Wales Law Journal 439–447. *"Towards racial justice in South Africa" in Henkin and Rosenthal (eds) Constitutionalism and rights. The influence of the US Constitution abroad (1990)


Legal Briefings

* ''South West Africa and the International Court;: Two viewpoints on the 1971 advisory opinion'' (1973) ISBN B0006CGXB2 * ''Apartheid and human rights in South Africa: Techniques of implementation'' (1974) ISBN B0006WUI1I * ''The denationalization of Black South Africans in pursuance of apartheid: A question for the International Court of Justice?'' (1984)


UN reports

*Report of the Human Rights Inquiry Commission established pursuant to UN Commission on Human Rights resolution S-51/1 of 19 Oct 2000 to investigate violations of human rights and humanitarian law in the Occupied Palestinian Territories after 28 September 2000. Economic and Social Council, Commission on Human Rights E/CN 4/2001/121 of 16 March 2001 *Report on Question of the Violation of Human Rights in the Occupied Arab Territories, including Palestine GAOR 56th Session A/56/440 of 4 October 2001 *Report on Question of the Violation of Human Rights in the Occupied Arab Territories, including Palestine ECOSOC Commission on Human Rights E/CN/4/2002/32 *Report on Israeli Practices affecting the Human Rights of the Palestinian People in the Occupied Palestinian Territory GAOR 60th Session A/60/271 of 18 August 2005 *Report on the Situation of Human Rights in the Palestinian Territories occupied by Israel since 1967 ECOSOC Commission on Human Rights E/CN 4/2006/029 of 22 December 2005.


Speeches

* ''The judicial process, positivism and civil liberty'' (1971) ISBN B0006COV9I * ''Independent homelands: Failure of a fiction : 1979 presidential address'' (1979) ISBN B0006E8KNO * ''A national strategy for 1980: Presidential address, 1980'' (1980)


Lectures

*
Diplomatic Protection
' in th

* ttp://legal.un.org/avl/ls/Dugard_S.html ''State Secession''in th
Lecture Series of the United Nations Audiovisual Library of International Law


Textbooks

* ''International Criminal Law and Procedure'', with Christine Van Den Wyngaert (1996) * ''Documents on International Law: Handbook for Law Students and Constitutional Lawyers'', with Neville Botha, Patric M. Mtshaulana (1996)


Other writings

*"The future of International Law : A Human Rights perspective with some comments on the Leiden School of International Law". Leiden, Rede uitgesproken door Prof.dr. C.J.R. Dugard ter gelegenheid van zijn afscheid als hoogleraar Internationaal Publiekrecht aan de Universiteit Leiden (Lecture, 2007) *"Diplomatic Protection and Human Rights: The Draft Articles of the International Law Commission". 24 Australian Year Book of International Law, 2005, pp. 75–91. *"11 September 2001. A Turning Point in International and Domestic Law". In: Eden, P. & O'Donnel, T. (Eds.), The Problem of the Definition of Terrorism in International Law, 2005, pp. 187–205. *"The Role and Recognition in the Law and Practice of Secession". In: Kohen, M. (Ed.), Secession: International Law Perspectives, 2005, pp. 94–132. *"Immunity, Human Rights and International Crimes". Journal of South African Law, 2004, 482 *"A Legal Basis for Secession: Relevant Principles and Rules". In Dahlitz, J. (Ed.)Secession and International Law. Conflict Avoidance Regional Appraisals, 2004, pp. 89–96.


References


External links



Website Leiden University (accessed 28 Jan. 2016) {{DEFAULTSORT:Dugard, John 1936 births Living people 20th-century South African lawyers Alumni of the University of Cambridge Academics of the University of Cambridge International Court of Justice judges United Nations special rapporteurs South African legal scholars International law scholars Members of the Institut de Droit International University of Pretoria faculty Leiden University faculty International Law Commission officials University of the Witwatersrand academics People from Raymond Mhlaba Local Municipality South African judges of United Nations courts and tribunals South African officials of the United Nations 21st-century South African lawyers