Green Hackworth

Green Haywood Hackworth (Prestonsburg, Kentucky, January 23, 1883 –

As the longest running Legal Adviser of the Department of State, Hackworth was relied upon for legal advice by five successive U.S. Secretaries of States: Charles Evans Hughes, Frank B. Kellogg, Henry L. Stimson, Cordell Hull and Edward Stettinius Jr. Hackworth was noted for being a skilled legal draftsman concerning the area of treaty provisions and was a perforce in matters involving the U.S. and its foreign relations from the period of U.S. neutrality to the country's entry into World War II. He provided advice to the U.S. President, the U.S. Secretary of State, members of congress and other departments within the U.S. State Department. As Legal Adviser to the Department of State, Hackworth represented the U.S Government before the International Joint Commission formed by the United States and Canada under the Boundary Waters treaty of 1909. He was a U.S. delegate in 1930 to the First Conference for the Codification of International Law, held at the Hague under the auspices of the League of Nations. Hackworth participated in the 8th Conference of American States (1939) held in Lima, in the 8th Scientific Congress of American States (1940) and in the Inter - American Maritime Conference (1941). Following the outbreak of war in Europe, Hackworth served as Adviser to Secretary of State Hull at the 2nd Meeting of foreign Ministers of the American Republics (1941) held in Havana.^[3]

World War Two

On Sunday Dec. 7 Hackworth was in conclave with Secretary of State

In Feb. of 1942, Secretary of State Cordell Hull organized the Advisory Committee on Postwar Foreign Policy which was followed by the Special Subcommittee on International Organization^[2] of which Hackworth was an integral part. The subcommittee prepared draft proposals that clarified the U.S. State Dept.'s vague views on a postwar organization. In over 40 meetings in 1943, the Special Subcommittee on International Organization made intensive studies of key issues upon which any plans for a future world organization would have to depend.^[2] In March 1943, Hull formed the Political Agenda Group which was composed of Hackworth, Edward R. Stettinius and other members of Hull's inner circle. This organization championed a global organization as opposed to Undersecretary of State Sumner Welles' vision of a regional post war system. In December 1943, this group prepared and delivered to President Roosevelt a detailed post war plan that became the founding framework of the United Nations.^[6] After President Roosevelt approved outline of the plan, Hull created The Policy Committee and the Post War Programs Committee, composed of Hackworth and other close advisers from the previously established Informal Agenda Group, to implement the vision of a United Nations.^[1]

Dumbarton Oaks Conference

Prior to the Dumbarton Oaks conference, the U.S. State Dept. originated the American Planning Group for preparation. This group was divided into three sections and each section was responsible for a different topic that was to be addressed at Dumbarton Oaks. ^[7] Hackworth headed the second group charged with studying arrangements for the peaceful settlements of international disputes and the development of a World Court. At the Dumbarton Oaks Conference, Hackworth chaired a special Legal Subcommittee that was established to deal with the issue of a World Court. The subcommittee used as a base the American draft statute that Hackworth's section had developed prior to the conference. ^[8] The subcommittee first dealt with the technically complex issue of whether or not the present court should be continued or a new court established and also what the relationship should be of the new court with the new international organization. Hackworth championed the American's view that retaining as much of the existing court statutes as possible. However, the Soviets strongly opposed the continuing membership of certain neutral states in the World Court and favored a new tribunal. This dispute and others over the World Court were settled at the general U.N. Conference at San Francisco where Hackworth represented the U.S. on Committee IV, which was tasked with finalizing statutes for the International Court of Justice.^[7]

International Court of Justice

Hackworth was nominated by three former U.S. Secretaries of State for an initial six-year term on the Court and was subsequently elected to a full nine-year term in 1951. In 1955 he succeeded Sir Arnold McNair of Great Britain for a three-year term as President of the International Court of Justice. During his tenure on the Court, Hackworth adjudicated seventeen contentious cases and was asked to give eleven advisory opinions. Due to Hackworth's experience as a legal draftsman, the task of consolidating views of Court members was frequently assigned to him.

Reparation for Injuries Suffered in the Service of the United Nations

In the case Reparation for Injuries Suffered in the Service of the United Nations, Hackworth disagreed with the Court in its interpretation of the implied powers doctrine and in his dissent maintained that, "powers not expressed cannot freely be implied. Implied powers flow from a grant of express powers, and are limited by those that are "necessary" to the exercise of powers expressly granted." He disagreed with the majority in that he felt that the majority used an unduly wide version of the implied powers doctrine by relating the power to be implied not to an express provision but rather to the functions and objectives of the organization concerned.^[9]

International Court of Justice rulings

Case #	Case name	ICJ Category	Challenger	Defendant	Date of application	Date of disposition	Disposition	Opinion	Appendment
1	[2] Corfu Channel Case	Contentious	UK	Albania	22 May 1947[10]	9 April 1949 “Corfu Channel Case”.Judgement Archived 2017-08-30 at the Wayback Machine	Majority	None
2	[3] [Conditions of Admission of a State to Membership in the United Nations]	Advisory	UN General Assembly		24 November 1947	9 April 1949	[4] Opinion on Merits	Majority	None
3	[5] [Reparation for Injuries Suffered in the Service of the United Nations]	Advisory	UN General Assembly		7 December 1948	11 April 1949	[6] Opinion on Merits	Q1a: Majority Q1b: Dissenting	[7] Dissenting Opinion
4	[8] Archived 2017-08-30 at the Fisheries Case	Contentious	UK	Norway	28 September 1949[11]	18 December 1951[12]	[9] Archived 2017-08-30 at the Wayback Machine Judgment on Merits	Majority	None
5	[10] Archived 2017-07-18 at the Asylum Case	Contentious	Colombia	Peru	15 October 1949	20 November 1950	[11] Archived 2017-07-18 at the Wayback Machine Judgment on Merits	Majority	None
6	[12] [Interpretation of Peace Treaties with Bulgaria, Hungary and Romania]	Advisory	UN General Assembly		31 October 1949	18 July 1950	[13] Opinion on Merits [14]	Majority	None
7	[15] [Competence of the U.N. General Assembly]	Advisory	UN General Assembly		28 November 1949	3 March 1950	[16] Opinion on Merits	Majority	None
8	[17] [International Status of South West Africa]	Advisory	UN General Assembly		27 December 1949	11 July 1950	[18] Opinion on Merits	Majority	None
9	[19] Archived 2017-08-30 at the Wayback Machine [Rights of Nationals of the United States of America in Morocco]	Contentious	France	United States	28 October 1950	27 August 1952	[20] Archived 2017-08-30 at the Wayback Machine Judgment on Merits	Dissenting	[21] Dissenting Opinion (joint)
10	[22] Prevention and Punishment of the Crime of Genocide	Advisory	UN General Assembly		20 November 1950	28 May 1951	[23] Opinion on Merits	Majority	None
11	[24] Request for Interpretation in the Asylum Case	Contentious	Colombia	Peru	20 November 1950	27 November 1950	[25] Judgment on Admissibility	Majority	None
12	[26] Archived 2017-07-18 at the Haya de la Torre	Contentious	Colombia	Peru	13 December 1950	13 June 1951	[27] Judgment on Merits	Majority	None
13	[28] Archived 2017-08-30 at the Ambatielos Case	Contentious	Greece	UK	9 April 1951	19 May 1953	[29] Archived 2017-08-30 at the Wayback Machine Judgment on Merits [30]	Majority	None
14	[31] Archived 2017-08-30 at the Wayback Machine Anglo-Iranian Oil Co.	Contentious	United Kingdom	Iran	26 May 1951	22 July 1952	[32] Archived 2017-08-30 at the Wayback Machine Judgment on Jurisdiction	Dissenting	[33] Dissenting Opinion (joint)
15	[34] Minquiers and Ecrehos Case	Contentious	France	UK	5 December 1951	17 November 1953	[35] Judgment on Merits	Majority	None
16	[36] Archived 2017-08-30 at the Nottebohm Case	Contentious	Liechtenstein	Guatemala	17 December 1951	6 April 1955	[37] Archived 2017-08-30 at the Wayback Machine Judgment on Merits [38]	Majority	None
17	[39] Monetary (Nazi) Gold Removed from Rome in 1943	Contentious	Italy	France  UK  United States	19 May 1953	15 June 1954	[40] Judgment on Jurisdiction	Majority	None
18	[41] Archived 2017-08-30 at the Wayback Machine.[Electricite de Beyrouth Company Case]	Contentious	France	Lebanon	15 August 1953	29 July 1954	Case Dismissed	N/A	N/A
19	[42] [Compensation Made by the United Nations Administrative Tribunal]	Advisory	UN General Assembly		21 December 1953	13 July 1954	[43] Opinion on Merits	Dissenting	[44] Dissenting Opinion
20	[45] [Voting Procedure - South West Africa]	Advisory	UN General Assembly		6 December 1954	7 June 1955	[46] Opinion on Merits	None	None
21	[47] Archived 2017-08-30 at the Wayback Machine [Certain Norwegian Loans]	Contentious	France	Norway	6 July 1955	6 July 1957	[48] Archived 2017-08-30 at the Wayback Machine Judgment on Merits	Majority	None
22	Advisory	UNESCO		2 December 1955	23 October 1956	[49] Opinion on Merits	Dissenting	[50] Dissenting Opinion
23	[51] [Admissibility of Hearings - South West Africa]	Advisory	UN General Assembly		19 December 1955	1 June 1956	[52] Opinion on Merits	Majority	None
24	[53] Archived 2017-07-19 at the Wayback Machine [Right of Passage over Indian Territory]	Contentious	Portugal	India	22 December 1955	12 April 1960	[54] Archived 2017-07-19 at the Wayback Machine Judgment on Merits [55]	Majority	None
25	[56] Archived 2017-08-30 at the Wayback Machine Convention of 1902 Governing the Guardianship of Infants	Contentious	Netherlands	Sweden	10 July 1957	28 November 1958	[57] Archived 2017-08-30 at the Wayback Machine Judgment on Merits	Majority	None
26	[58] Archived 2017-07-19 at the Wayback Machine [Interhandel (Switzerland v. United States)|Interhandel Case]	Contentious	Switzerland	United States	2 October 1957	21 March 1959	[59] Archived 2017-07-19 at the Wayback Machine Judgment on Jurisdiction [60]	Majority	[61] Separate Opinion
27	[62] Archived 2017-08-30 at the Wayback Machine Aerial Incident of 27 July 1955 (Israel v. Bulgaria)	Contentious	Israel	Bulgaria	16 October 1957	26 May 1959	[63] Archived 2017-08-30 at the Wayback Machine Judgment on Jurisdiction	Majority	None
28	[64][Sovereignty over Certain Frontier Land]	Contentious	Belgium	Netherlands	27 November 1957	20 June 1959	[65] Judgment on Merits	Majority	None
29	[66] Archived 2017-07-18 at the Wayback Machine [Arbitral Award Made by the King of Spain on 23 December 1906]	Contentious	Honduras	Nicaragua	1 July 1958	18 November 1960	[67] Archived 2017-07-18 at the Wayback Machine Judgment on Merits	Majority	None

Positions

1916 - Law Clerk, U.S. Department of State
1918 - Assistant Solicitor, U.S. Department of State
1925 - Solicitor of the Dept. of State, U.S. Department of State,
1931 - Legal Adviser of the Dept. of State, U.S. Department of State
1930 - Member of U.S. Delegation, Conference on the Codification of International Law
1939 - Adviser to U.S. Secretary of State, Meeting of Foreign Ministers of the American Republics
1940 - Member of U.S. Delegation, Conference of American States
1943 - Member of U.S. Delegation, Moscow Conference
1944 - Member of U.S. Delegation, Dumbarton Oaks Conference
1945 - Chairman, Committee of Jurists for Drafting Statutes of the International Court of Justice
1945 - Adviser to US. Delegation, San Francisco Conference on International Organization of the United Nations
1946 - U.S. Judge, International Court of Justice

Associations

• Council on Foreign Relations
• District of Columbia Bar
• U.S. Supreme Court Bar
• Permanent Court of Arbitration
• American Society of International Law

Publications

• "Digest of International Law" 1940-1944 (eight volumes)

See also

• Marjorie M. Whiteman

References

Further reading

• Cox, Graham 2019 Seeking Justice for the Holocaust: Herbert C. Pell, Franklin D. Roosevelt, and the Limits of International Law University of Oklahoma Press.
• Pomerance, Michla 1996 The United States and the World Court As a 'Supreme Court of the Nations' Martinus Nijhoff Publishers.
• Simpson, Christopher 1995 The Splendid Blond Beast: Money, Law, and Genocide in the Twentieth Century, Common Courage Press .