In recent years, there have been many introductions about international judges born in China, some of which involve common sense mistakes. One author wrote:
Who will be appointed as an international judge after the International Court of Justice in The Hague resumes its seat in China? These people again. Ni Zhengao took office at the age of 85 and worked until 9 1 year old. He was succeeded by Li Haopei, a graduate of Soochow University. He died at the International Court of Justice at the age of 9 1. (Wen Gu: I Speak of People, Reading No.7, 1999)
First of all, it was "Ni Zheng (Japan Olympics)" who was elected as an international judge, not "Ni Zheng Olympics". He is the first international judge in New China. 1October 7th, 1984, 165438+ Ni Zheng (Riao) was elected as an international judge by an absolute majority and was sworn in on February 6th, 1985. His term of office will expire on February 6th, 1994. It's not just "6 years (85 to 9 1 year)". Riao was born in 1906 and left office at the age of 88, not 9 1 year.
Secondly, "International Tribunal" and "International Court of Justice" are two completely different concepts. I want to say a few more words here.
After the First World War, representatives of the British and French governments signed the Treaty of Versailles at the Paris Peace Conference in 19 19, and adopted the Covenant of the League of Nations as the first part of the treaty. 1920 65438+ 10, the league of nations was formally established. In August of the following year, according to the Covenant of the League of Nations and the Statute of the Permanent Court of International Justice, the Permanent Court of International Justice was established in The Hague, the Netherlands. The Permanent Court was originally composed of 65,438+065,438+0 judges (later increased to 65,438+05), with a president and a vice-president (both elected from among the judges) for a term of nine years. From August 192 1 2008 14- 15 to the last session in September 1939, two senior jurists and diplomats from China served as judges of the permanent court of international justice. They are: Wang Chonghui, the first foreign minister of Nanjing Provisional Government, the foreign minister of Nanjing National Government, and Zheng Tianxi, deputy minister of judicial administration of Nanjing National Government (later ambassador to Britain). Due to the outbreak of World War II, the Permanent Court of International Justice stopped its work. 1940 After the Nazi Germans occupied The Hague, the Permanent Court moved to Geneva, leaving only one judge and some Dutch clerks in The Hague. So far, the Permanent Court of International Justice has existed in name only. 1946 65438+1October 3 1, all judges of the permanent court of international justice resigned.
1945101On October 24th, the United Nations was formally established. According to the Statute of the International Court of Justice attached to the Charter of the United Nations, the International Court of Justice, one of the three main organs of the United Nations for the peaceful settlement of international disputes (the other two organs are the United Nations Security Council and the United Nations General Assembly), was established in The Hague Peace Palace, which is called the "Holy Land of Peace" in the Netherlands the following year. 1946 On February 5, the International Court of Justice officially elected 15 judges, and all the judges met two months later. On April 65, 2008, with the disintegration of the League of Nations, the Permanent Court of International Justice was abolished. On the same day, the International Court of Justice held a grand inauguration ceremony at the Peace Palace in The Hague.
The International Court of Justice, composed of 15 independent judges of different nationalities, is the main international judicial organ of the United Nations. These 15 judges are elected by the United Nations General Assembly and the Security Council from candidates appointed by governments and nominated by national groups composed of the most famous international law experts. Those who have obtained an absolute majority in both the United Nations General Assembly and the Security Council are elected as international judges. The term of office of the judges of the International Court of Justice is nine years, and five judges are elected every three years. In the more than half a century since the International Court of Justice was founded in The Peace Palace in The Hague, four China people have been elected as international judges, but none of them is Li Haopei. They are: Xu Mo (Executive Deputy Minister of Foreign Affairs and Deputy Minister of Government Affairs of Nanjing National Government), Gu Weijun (Foreign Minister of Beiyang Government, Prime Minister of Cabinet, Foreign Minister of Nanjing National Government and Ambassador to the United States), and the above-mentioned Ni Zheng (Japan and Austria) and current Shi Jiuyong.
Thirdly, Mr Nizheng (Japan) was sworn in at the International Court of Justice in The Hague on 6 February 1985, and his term of office expired on 5 February 1994. He was born in June 1906, just 79 years old, not "9 1 year old" as Gu Wenzhong said. Mr. Shi Jiuyong, not Mr. Li Haopei, succeeded Mr. Ni Zheng (Liao Nei). Li Haopei has never been a judge of the International Court of Justice. From June, 65438 to June, 1993, the United Nations Security Council passed a resolution to establish the "United Nations ad hoc International Criminal Tribunal for the Former Yugoslavia" (hereinafter referred to as the "International Criminal Tribunal for the Former Yugoslavia"), whose duty is to prosecute and punish those who seriously violated international humanitarian law in the armed conflict in the former Yugoslavia. On 1993, Mr. Li Haopei was elected as the first judge of China (with a term of four years). Both the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice are located in The Hague, but they are independent and have no affiliation.
Several authors wrote:
I wonder if there will be a suitable candidate for the post of international judge in the future. Riao, a former justice of The Hague in China, and Mr. Li Haopei, his Soochow classmate, share this concern. 1984, Riao was 79 years old when he took office in The Hague; 1993, Li Haopei was 88 years old when he took office and 9,650 when he left office. (Wan Jingbo, Wu Chenguang, Xie Chunlei: Legal Elites Forgotten for 30 Years, the Price of Their Neglect, Southern Weekend, 1.9, A2 Edition, 2003. )
Ni Zheng (Liao Nei) was a judge of the International Court of Justice at that time. He is a staff member of the United Nations (that is, an "international staff member") and does not represent China, so he is not a "resident" of the International Court of Justice in The Hague, let alone a "resident" of China. Moreover, Riao left Beijing for The Hague on the evening of February 2, 1985, not "1984". Li Haopei and Ni Zheng (Japanese and Austrian) are the same age (Li Changning has been working for more than 20 days) and should be 87 years old when she takes office at the International Criminal Tribunal for the Former Yugoslavia in The Hague. 1997165438+1October 6th, Li Haopei died in The Hague Red Cross Hospital. There are only 10 days before the deadline expires. In other words, Mr. Li Haopei died while in office, not before leaving office.
The author also wrote:
From 1930 s to 1990 s, there are six China judges in the International Court of Justice, all of whom are professors or graduates of Soochow Law School, starting from Gu Weijun and continuing from 1997 to Judge Li Haopei of the International Criminal Tribunal for the Former Yugoslavia. (Wan Jingbo, Wu Chenguang, Xie Chunlei: Legal elites who have been forgotten for 30 years, the price of their neglect, Southern Weekend, 1.9, 2003, A 1. )
There are three obvious mistakes in this article. First, the International Court of Justice was established in 1945. In the1930s, the only thing that existed was the "Permanent Court of International Justice". Secondly, as mentioned above, so far, only four China people have been elected as judges of the International Court of Justice, namely, Xu Mo, Gu Weijun, Ni Zheng (Japan) and Shi Jiuyong, not from Gu Weijun. If we really want to count from the Permanent Court of International Justice, we should add Wang Chonghui and Zheng Tianxi. Even so, it is impossible to include Mr. Li Haopei. Because, as mentioned earlier, Mr Li Haopei was elected as a judge of the International Criminal Tribunal for the Former Yugoslavia, not a judge of the International Court of Justice. Although they are all judges, this judge is not another, because the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice are not the same thing. In particular, it should be emphasized that the four China judges of the International Court of Justice and the two China judges of the Permanent Court of International Justice are not "all professors or graduates of Soochow Law School". Wang Chonghui 1900 graduated from Beiyang University with a major in law, and later obtained a doctorate in law from Yale University. Zheng Tianxi studied at Ren Huang College in Hong Kong in his early years, and obtained a doctorate in law from London University on 19 16. Xu Mo 19 17 graduated from the Law Department of Beiyang University with a master's degree in law from Washington University. In the 1920s and 1930s, he taught at Nankai University and Central Political University (concurrently). Gu Weijun studied at St. John's College in Shanghai in his early years, then studied in the United States, and received his doctorate from Columbia University. Shi Jiuyong's "educational background" is similar to that of Gu Weijun. 1948 graduated from the Department of Political Science of St. John's University in Shanghai and entered the Graduate School of Columbia University with a master's degree. Among the six jurists, only Riao was born in Soochow University. 1928 graduated from Soochow University Law School, and later obtained the doctor of laws degrees from Stanford University and Johns Hopkins University. In the early 1930s, the late 1940s and the mid-1950s, he taught in the Law School of Soochow University twice and served as the dean and provost of the Law Department.
Another author wrote: "... because since the establishment of the International Court of Justice 1946, one of the first (15) judges came from China-Xu Mo (citation: Xu Mo). ..... Later, in 1994 and 1997, Mr. Shi Jiuyong and Mr. Wang Tieya were also elected as judges of the International Court of Justice. " Du Ruoyan: The First Defender of China in the International Court of Justice, China Reading News, 5th edition, March 5, 2003. )
1997165438+1October 17 Professor Peking University Wang Tieya became a judge of the International Criminal Tribunal for the Former Yugoslavia after Li Haopei. He is not a judge of the International Court of Justice. Incidentally, in March 2000, Mr. Wang Tieya resigned due to illness, and the former Deputy Director of the Department of Treaty and Law of the Ministry of Foreign Affairs and Ambassador to Jamaica Liu Daqun completed his remaining term (up to 2001165438+6).