Carl-August Fleischhauer

Javier Pérez de Cuéllar , Carl-August Fleischhauer and Ruud Lubbers (1988)

Carl-August Fleischhauer (born  December 9, 1930 in Düsseldorf , †  September 4, 2005 in Bonn ) was a German lawyer . From 1962 he held various positions in the Federal Foreign Office before taking over the legal affairs department of the United Nations as Under-Secretary-General in 1983 . From 1994 to 2003 he worked as a judge at the International Court of Justice .

Life

Carl-August Fleischhauer studied law at the University of Heidelberg and at the Universities of Grenoble , Paris and from 1954 to 1955 at the University of Chicago with a Fulbright scholarship . He passed the first state examination in 1954 in Heidelberg and the second state examination six years later in Stuttgart and then worked as a speaker at the Max Planck Institute for Comparative Public Law and International Law . During his time at the institute, whose board of trustees he later belonged to from 1975 to 2002, he received his doctorate in 1961 with a thesis in the field of constitutional law . In 1962 he began a career in the Foreign Office . From 1962 to 1963 he worked in the diplomatic service in Iran and from 1969 to 1971 in Uruguay . From 1972 he headed the international law department and from 1976 to 1983 the legal department of the Foreign Office. In addition, he represented Germany at various international conferences, for example in 1968/1969 in the negotiations on the Vienna Convention on the Law of Treaties , 1974/1975 in the Conference on Security and Cooperation in Europe , and from 1974 to 1977 in the negotiations on the additional protocols to the Geneva Conventions and from 1974 to 1982 in the negotiations on the Convention on the Law of the Sea . He then headed the United Nations Legal Affairs Division from 1983 to 1994 as Under-Secretary-General . During this time he was significantly involved in the drafting of mandates and other framework documents for various missions of the United Nations peacekeeping forces , for example for the ONUCA missions in El Salvador , UNTAG in Namibia , ONUMOZ in Mozambique and UNTAC in Cambodia . In addition, the establishment of the International Criminal Tribunal for the Former Yugoslavia was based on a report produced under the direction of Carl-August Fleischhauer.

From February 6, 1994 to February 5, 2003, Carl-August Fleischhauer was a judge at the International Court of Justice . During this time he was involved in 35 judgments and decisions, as well as three advisory opinion of the Court and gave it three dissenting votes from. Even after the end of his regular nine-year term of office, he made himself available to the court as an ad hoc judge for the hearing of the action brought by the Principality of Liechtenstein against Germany between 2001 and 2005 . The subject of the proceedings, which was the first action in the history of the Court of Justice against Germany, was the treatment of Liechtenstein property on the territory of former Czechoslovakia in connection with the Second World War as German foreign property and its use to pay off German war debts . The German judge Bruno Simma , who was in court at the time , did not take part in the decision, as he had previously acted as legal advisor to the German government in this case and was personally biased. The proceedings ended with the court ruling that Liechtenstein's claims should not be directed against Germany. Carl-August Fleischhauer voted on the essential points of the decision with the majority of judges (12: 4) and also made a statement on another part of the decision in which he was the only judge to vote against the majority (15: 1).

Carl-August Fleischhauer was married and the father of two daughters. He died in Bonn in 2005 .

Honors

• Cross of Merit 1st Class of the Federal Republic of Germany

Works

• The limits of the substantive competence of the Federal Constitutional Court in the control of the legislative power, the state administration and the political parties. Dissertation at the Law Faculty of the Ruprecht-Karls-University, Heidelberg 1961
• The International Court of Justice and its role in international relations. In: Security and Peace . 16 (4 )/1998. Nomos, pp. 223-227, ISSN  0175-274X
• Various contributions to the Encyclopedia of Public International Law. Published by the Max Planck Institute for Comparative Public Law and International Law. Elsevier, Amsterdam / New York / London 1992

literature

• Rosalyn Higgins : Fleischhauer Leaves the Court. In: Leiden Journal of International Law. 16/2003. Cambridge University Press, pp. 55/56, ISSN  0922-1565
• Jochen Abraham Frowein : Obituary Carl-August Fleischhauer. December 9, 1930 - September 4, 2005. In: Heidelberg Journal of International Law. Journal for Comparative Public Law and International Law. 65/2005. Max Planck Institute for Comparative Public Law and International Law, pp. 817/818, ISSN  0044-2348
• Gian Luca Burci, Nico Schrijver: Carl-August Fleischhauer: His Life and Work. In: Leiden Journal of International Law. 19/2006. Cambridge University Press, pp. 693-698, ISSN  0922-1565
• Carl-August Fleischhauer. In: Arthur Eyffinger, Arthur Witteveen, Mohammed Bedjaoui : La Cour internationale de Justice 1946–1996. Martinus Nijhoff Publishers, The Hague and London 1999, ISBN 9-04-110468-2 , p. 283

Web links

• Literature by and about Carl-August Fleischhauer in the catalog of the German National Library