Misplaced Pages

Christopher Greenwood: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editContent deleted Content addedVisualWikitext
Revision as of 04:46, 5 April 2019 editKaliforniyka (talk | contribs)Autopatrolled, Extended confirmed users, Rollbackers80,075 edits →top← Previous edit Latest revision as of 15:56, 29 November 2024 edit undoNecrothesp (talk | contribs)Autopatrolled, Administrators189,288 editsmNo edit summary 
(34 intermediate revisions by 28 users not shown)
Line 1: Line 1:
{{Short description|British judge (born 1955)}}
⚫ {{about|the barrister (born 1955)|the cartographer (1786-1855)|Christopher Greenwood (cartographer)|the musician|Christopher Scott Greenwood}}
{{Use dmy dates|date=February 2020}}
{{EngvarB|date=February 2020}}
⚫ {{about|the barrister (born 1955)|the cartographer (1786–1855)|Christopher Greenwood (cartographer)|the musician|Christopher Scott Greenwood}}
{{Infobox Judge {{Infobox Judge
|honorific-prefix = | honorific-prefix =
|name = Sir Christopher Greenwood | name = Sir Christopher Greenwood
|honorific-suffix = {{postnominals|country=GBR|size=100%|GBE|CMG|QC}} | honorific-suffix = {{postnominals|country=GBR|size=100%|GBE|CMG|KC}}
|image = File:Sir Christopher Greenwood - Flickr image 4397409719.jpg | image = Sir Christopher Greenwood - Flickr image 4397409719.jpg
|imagesize = 220px | caption = Greenwood in 2009
|caption = Christopher Greenwood, 2009 | office1 = ]
| term_start1 = October 2020
|office = Judge of the ]
|term_start = 2009 | term_end1 =
|term_end = 2018 | predecessor1 = ]
|predecessor = ] | office = Judge of the ]
|successor = ] | term_start = 2009
|monarch = | term_end = 2018
| predecessor = ]
⚫ |birth_date = {{birth date and age|1955|5|12|df=y}}
|birth_place = ], ] | successor = ]
|death_date = | monarch =
⚫ | birth_date = {{birth date and age|df=y|1955|5|12}}
⚫ |death_place =
| birth_place = ], England
|restingplace =
|birthname = | death_date =
⚫ | death_place =
⚫ |nationality = ]
|spouse = | restingplace =
|residence = | birthname =
⚫ | nationality = British
|alma_mater = ]
|occupation = ] | spouse =
|profession = | residence =
|religion = | alma_mater = ]
|signature = | occupation = Judge
|website = | profession =
|footnotes = | religion =
| signature =
| website =
| footnotes =
}} }}


'''Sir Christopher John Greenwood''' {{postnominals|country=GBR|GBE|CMG|QC}} (born 12 May 1955) is a former English judge at the ], on which he served from 2009 to 2018.<ref name=":0">{{Cite web|url=http://www.icj-cij.org/en/all-members|title=All Members {{!}} International Court of Justice|website=www.icj-cij.org|language=en|access-date=2018-05-13}}</ref> Prior to his election, he was professor of international law at the ] and a barrister who regularly appeared as counsel before the International Court of Justice, the ], the ], and other tribunals. '''Sir Christopher John Greenwood''' (born 12 May 1955) is Master of ] and a former British judge at the ].<ref name=":0">{{Cite web|url=http://www.icj-cij.org/en/all-members|title=All Members {{!}} International Court of Justice|website=www.icj-cij.org|access-date=13 May 2018}}</ref> Prior to his election, he was professor of international law at the ] and a barrister who regularly appeared as counsel before the International Court of Justice, the ], the ], and other tribunals.<ref>{{cite news|url = https://justice.org.uk/sir-christopher-greenwood-gbe-cmg-qc-gives-2018-tom-sargant-lecture/| title = Sir Christopher Greenwood GBE CMG QC gives 2018 Tom Sargant lecture|accessdate= 16 November 2016| work = Justice.org}}</ref>


==Family and career== ==Family and career==
Greenwood is the son of Captain Murray Greenwood and Diana Greenwood. He is married with two daughters. Christopher was educated at ]. He then read law at ], ], where he was awarded a ] (]) (First Class Hons) in 1976, ] (International Law) (First Class Hons) in 1977, and ] in 1981. As an undergraduate, he was elected ] of the ] in 1976. Greenwood is the son of Captain Murray Greenwood and Diana Greenwood. He is married with two daughters. Christopher was educated at ]. He then read law at ], where he was awarded a ] (Law) (First Class Hons) in 1976, ] (International Law) (First Class Hons) in 1977<ref group=Note name=Note01/>, and ] in 1981. As an undergraduate, he was elected ] of the ] in 1976.


He was ] at the ] in 1978 and was appointed ] in 1999. In 2002 he was appointed ] (CMG) in the ] for services to ]. He was ] in the ].<ref>{{London Gazette |issue=58929 |date=31 December 2008 |page=1 |supp=y }}</ref> In ], he was appointed ] (GBE) for services to international justice.<ref>{{London Gazette|issue=62310|supp=y|page=B23|date=9 June 2018}}</ref> He was ] at the ] in 1978 and was appointed ] in 1999. In 2002 he was appointed ] (CMG) in the ] for services to ]. He was ] in the ].<ref>{{London Gazette |issue=58929 |date=31 December 2008 |page=1 |supp=y }}</ref> In ], he was appointed ] (GBE) for services to international justice.<ref>{{London Gazette|issue=62310|supp=y|page=B23|date=9 June 2018}}</ref>
Line 41: Line 47:


== ''The Legality of Using Force Against Iraq'' == == ''The Legality of Using Force Against Iraq'' ==
] in 2018]] ] in 2018]]
Greenwood is well known for the October 2002 legal opinion tendered to the ], entitled ''The Legality of Using Force Against Iraq''. The legal opinion, which he signed in his capacity as a law ], has been used to justify that the ] by Britain, the United States and allied powers was sanctioned by the ]. However, the opinion was concluded in the month before the adoption of UN Resolution 1441 and the conclusion was stated to be dependent on one of three conditions being satisfied. These conditions (he said) were (1) ''"if the UN Security Council adopts a fresh resolution authorizing military action against Iraq and any conditions set out in that resolution are met"'' - this did not happen; or (2) ''"under existing Security Council resolutions on the basis that the Security Council considered that (a) Iraq is in material breach of those resolutions"'' and (b) ''"that breach constitutes a threat to international peace and security in the Gulf area. This would not require a fresh Security Council authorization of military action"''.<ref name=SelectCommittee20050321/> Greenwood is well known for the October 2002 legal opinion tendered to the ], entitled ''The Legality of Using Force Against Iraq''. The legal opinion, which he signed in his capacity as a law professor, has been used to justify that the ] by Britain, the United States and allied powers was sanctioned by the ]. However, the opinion was concluded in the month before the adoption of ] and the conclusion was stated to be dependent on one of three conditions being satisfied. These conditions (he said) were (1) ''"if the UN Security Council adopts a fresh resolution authorising military action against Iraq and any conditions set out in that resolution are met"'' – this did not happen; or (2) ''"under existing Security Council resolutions on the basis that the Security Council considered that (a) Iraq is in material breach of those resolutions"'' and (b) ''"that breach constitutes a threat to international peace and security in the Gulf area. This would not require a fresh Security Council authorisation of military action"''.<ref name=SelectCommittee20050321/>


The question of whether these conditions were satisfied is controversial and unclear, since there was no further resolution which might have rendered the point clear. Alternatively, (3) ''"under the right of self-defence if an armed attack by Iraq against the United Kingdom or one of its allies was reasonably believed to be imminent. This would not require any action by the Security Council."''<ref name=SelectCommittee20050321>{{cite web|url=https://publications.parliament.uk/pa/cm200203/cmselect/cmfaff/196/2102406.htm|title=The legality of using force against Iraq|author=Christopher Greenwood, CMG, QC|publisher=]|date=21 March 2005|accessdate=1 September 2007}}</ref> The question of whether these conditions were satisfied is controversial and unclear, since there was no further resolution which might have rendered the point clear. Alternatively, (3) ''"under the right of self-defence if an armed attack by Iraq against the United Kingdom or one of its allies was reasonably believed to be imminent. This would not require any action by the Security Council."''<ref name=SelectCommittee20050321>{{cite web|url=https://publications.parliament.uk/pa/cm200203/cmselect/cmfaff/196/2102406.htm|title=The legality of using force against Iraq|author=Christopher Greenwood, CMG, QC|publisher=]|date=21 March 2005|accessdate=1 September 2007}}</ref>


Greenwood acted as counsel for the government of the United Kingdom in relation to a number of cases in both domestic and international courts: the Ojdanic case in the ]; Federal Republic of Yugoslavia v. United Kingdom in the International Court of Justice; the General Assembly request to the ICJ for an advisory opinion on the Palestinian wall (UK observations on admissibility); R (on the application of the European Roma Rights Centre and others) v. Immigration Officer at Prague Airport and others; and R (on the application of Abbasi and Mubanga) v. the Secretary of State for Foreign and Commonwealth Affairs and others.<ref name=Hansard20050321>{{cite web|url=https://publications.parliament.uk/pa/ld199697/ldhansrd/pdvn/lds05/text/50321w01.htm|title=Lords Hansard - Written Answers Monday, 21 March 2005|publisher=]|date=21 March 2005|accessdate=1 September 2007|deadurl=yes|archiveurl=https://web.archive.org/web/20061020171140/http://www.publications.parliament.uk/pa/ld199697/ldhansrd/pdvn/lds05/text/50321w01.htm|archivedate=20 October 2006}}</ref> Greenwood acted as counsel for the government of the United Kingdom in relation to a number of cases in both domestic and international courts: the Ojdanic case in the ]; Federal Republic of Yugoslavia v. United Kingdom in the International Court of Justice; the General Assembly request to the ICJ for an advisory opinion on the Palestinian wall (UK observations on admissibility); R (on the application of the European Roma Rights Centre and others) v. Immigration Officer at Prague Airport and others; and R (on the application of Abbasi and Mubanga) v. the Secretary of State for Foreign and Commonwealth Affairs and others.<ref name=Hansard20050321>{{cite web|url=https://publications.parliament.uk/pa/ld199697/ldhansrd/pdvn/lds05/text/50321w01.htm|title=Lords Hansard – Written Answers Monday, 21 March 2005|publisher=]|date=21 March 2005|accessdate=1 September 2007|url-status=dead|archiveurl=https://web.archive.org/web/20061020171140/http://www.publications.parliament.uk/pa/ld199697/ldhansrd/pdvn/lds05/text/50321w01.htm|archivedate=20 October 2006}}</ref>


Notable appearances include: Notable appearances include:
* ] v. ] (Aerial Incident at ]) ICJ Reps., 1992, p.&nbsp;3; ICJ Reps. 1998, p.&nbsp;3 * ''] v. United Kingdom'' (Aerial Incident at ]) ICJ Reps., 1992, p.&nbsp;3; ICJ Reps. 1998, p.&nbsp;3
* Case concerning Legality of Use of Force (] v. United Kingdom) ICJ Reps, 1999 * Case concerning Legality of Use of Force (''] v. United Kingdom'') ICJ Reps, 1999
* R. v. Bow Street Magistrates, ex parte ] (No. 1) 1 AC 147, 3 WLR 1456 and (No. 3) 1 AC 147, 2 WLR 827 1 WLR 188 (Court of Appeal) * ''R. v. Bow Street Magistrates, ex parte ] (No. 1)'' 1 AC 147, 3 WLR 1456 and (No. 3) 1 AC 147, 2 WLR 827 1 WLR 188 (Court of Appeal)


'']'' reported on 31 August 2007 that Greenwood had been hired by the ] for an opinion on the ], the responsibility Canada had for captives apprehended in ].<ref name=GlobeAndMail20070831>{{cite news|url=https://www.theglobeandmail.com/servlet/story/RTGAM.20070831.wabuse01/BNStory/National|title=Academic hired to argue detainees' rights case|author=Bruce Cheadle|work=The Globe and Mail|date=31 August 2007|accessdate=1 September 2007}}</ref> The legal issue is whether Canada can use the ] mandate to override its international treaty obligations.<ref name=GlobeAndMail20070831/> '']'' reported on 31 August 2007 that Greenwood had been hired by the ] for an opinion on the ], the responsibility Canada had for captives apprehended in ].<ref name=GlobeAndMail20070831>{{cite news|url=https://www.theglobeandmail.com/servlet/story/RTGAM.20070831.wabuse01/BNStory/National|title=Academic hired to argue detainees' rights case|author=Bruce Cheadle|work=The Globe and Mail|date=31 August 2007|accessdate=1 September 2007}}</ref> The legal issue is whether Canada can use the United Nations mandate to override its international treaty obligations.<ref name=GlobeAndMail20070831/>


== Judge at the International Court of Justice == == Judge at the International Court of Justice ==
Greenwood was elected as a ] in November 2008<ref></ref><ref></ref> and served from 2009 to 2018.<ref name=":0" /> Greenwood's direct predecessor as a judge from the ] was ] and, although there is no rule allocating seats, the one held by them was kept by judges from the UK since the founding of the ] in 1946. Greenwood was elected as a ] in November 2008<ref>{{cite web|url=https://news.un.org/en/story/2008/11/280762-five-judges-elected-serve-un-international-court-justice|title=Five judges elected to serve on UN International Court of Justice|date=6 November 2008|website=UN News}}</ref><ref>{{cite web|url=https://www.taiwannews.com.tw/|title=Taiwan News Online － Breaking News, Politics, Environment, Immigrants, Travel, and Health|first=Taiwan|last=News|website=Taiwan News}}</ref> and served from 2009 to 2018.<ref name=":0" /> Greenwood's direct predecessor as a judge from the United Kingdom was ] and, although there is no rule allocating seats, the one held by them was kept by judges from the UK since the founding of the ] in 1946.


In November 2017, the seats of Greenwood and four other judges were up for election. ] from Lebanon surprisingly contested and won the seat kept previously by Indian judge ]. India in turn had Bhandari contest the seat previously held by Greenwood and after multiple rounds of voting the United Kingdom decided to withdraw Greenwood's application.<ref>{{Cite web|url=https://www.theguardian.com/law/2017/nov/20/no-british-judge-on-world-court-for-first-time-in-its-71-year-history|title=No British judge on world court for first time in its 71-year history|last=Bowcott|first=Owen|date=2017-11-20|website=the Guardian|language=en|access-date=2018-05-13}}</ref> This is the second time a ] has no judge on the ICJ and first time a permanent member lost the majority vote in the ].<ref>{{Cite news|url=http://theconversation.com/uk-is-out-of-the-international-court-of-justice-and-its-hard-to-not-see-brexit-at-play-87887|title=UK is out of the International Court of Justice – and it's hard to not see Brexit at play|last=Murphy|first=Ben|work=The Conversation|access-date=2018-05-13|language=en}}</ref> In November 2017, the seats of Greenwood and four other judges were up for election. ] from Lebanon surprisingly contested and won the seat kept previously by Indian judge ]. India in turn had Bhandari contest the seat previously held by Greenwood and after multiple rounds of voting the United Kingdom decided to withdraw Greenwood's application.<ref>{{Cite web|url=https://www.theguardian.com/law/2017/nov/20/no-british-judge-on-world-court-for-first-time-in-its-71-year-history|title=No British judge on world court for first time in its 71-year history|last=Bowcott|first=Owen|date=20 November 2017|website=The Guardian|access-date=13 May 2018}}</ref> This is the second time a ] has no judge on the ICJ and first time a permanent member lost the majority vote in the ].<ref>{{Cite news|url=http://theconversation.com/uk-is-out-of-the-international-court-of-justice-and-its-hard-to-not-see-brexit-at-play-87887|title=UK is out of the International Court of Justice – and it's hard to not see Brexit at play|last=Murphy|first=Ben|work=The Conversation|access-date=13 May 2018}}</ref>


==Lectures== ==Lectures==
Line 72: Line 78:
==References== ==References==
{{reflist}} {{reflist}}

==Notes==
{{reflist|group=Note|refs=
<ref name=Note01>The LLB degree at Cambridge has since been renamed as the LLM to clearly reflect it being a Master's degree. By contrast, Oxford's Bachelor of Civil Law degree (BCL) retains the traditional name.</ref>
}}


==External links== ==External links==
* *
* - Evidence to the Select Committee on Foreign Affairs * – Evidence to the Select Committee on Foreign Affairs
* - The key case reports of which he is joint editor * – The key case reports of which he is joint editor


{{Authority control}} {{Authority control}}
Line 83: Line 94:
] ]
] ]
] ]
] ]
] ]
Line 94: Line 105:
] ]
] ]
] ]
] ]

Latest revision as of 15:56, 29 November 2024

British judge (born 1955)

This article is about the barrister (born 1955). For the cartographer (1786–1855), see Christopher Greenwood (cartographer). For the musician, see Christopher Scott Greenwood.
Sir Christopher GreenwoodGBE CMG KC
Greenwood in 2009
Judge of the International Court of Justice
In office
2009–2018
Preceded byRosalyn Higgins, Baroness Higgins
Succeeded byNawaf Salam
Master of Magdalene College, Cambridge
Incumbent
Assumed office
October 2020
Preceded byRowan Williams
Personal details
Born (1955-05-12) 12 May 1955 (age 69)
Wellingborough, England
Alma materMagdalene College, Cambridge
OccupationJudge

Sir Christopher John Greenwood (born 12 May 1955) is Master of Magdalene College, Cambridge and a former British judge at the International Court of Justice. Prior to his election, he was professor of international law at the London School of Economics and a barrister who regularly appeared as counsel before the International Court of Justice, the European Court of Human Rights, the English courts, and other tribunals.

Family and career

Greenwood is the son of Captain Murray Greenwood and Diana Greenwood. He is married with two daughters. Christopher was educated at Wellingborough School. He then read law at Magdalene College, Cambridge, where he was awarded a BA (Law) (First Class Hons) in 1976, LLB (International Law) (First Class Hons) in 1977, and MA in 1981. As an undergraduate, he was elected president of the Cambridge Union in 1976.

He was called to the bar at the Middle Temple in 1978 and was appointed Queen's Counsel in 1999. In 2002 he was appointed Companion of the Order of St Michael and St George (CMG) in the Queen's Birthday Honours for services to international law. He was knighted in the 2009 New Year Honours. In 2018 Queen's Birthday Honours, he was appointed Knight Grand Cross of the Order of the British Empire (GBE) for services to international justice.

Greenwood is a member of the Panel of Arbitrators for the Law of the Sea Treaty, the International Centre for Settlement of Investment Disputes and the United Kingdom National Group Permanent Court of Arbitration.

The Legality of Using Force Against Iraq

Greenwood speaking at Singapore Management University School of Law in 2018

Greenwood is well known for the October 2002 legal opinion tendered to the British government, entitled The Legality of Using Force Against Iraq. The legal opinion, which he signed in his capacity as a law professor, has been used to justify that the invasion by Britain, the United States and allied powers was sanctioned by the UN Security Council. However, the opinion was concluded in the month before the adoption of United Nations Security Council Resolution 1441 and the conclusion was stated to be dependent on one of three conditions being satisfied. These conditions (he said) were (1) "if the UN Security Council adopts a fresh resolution authorising military action against Iraq and any conditions set out in that resolution are met" – this did not happen; or (2) "under existing Security Council resolutions on the basis that the Security Council considered that (a) Iraq is in material breach of those resolutions" and (b) "that breach constitutes a threat to international peace and security in the Gulf area. This would not require a fresh Security Council authorisation of military action".

The question of whether these conditions were satisfied is controversial and unclear, since there was no further resolution which might have rendered the point clear. Alternatively, (3) "under the right of self-defence if an armed attack by Iraq against the United Kingdom or one of its allies was reasonably believed to be imminent. This would not require any action by the Security Council."

Greenwood acted as counsel for the government of the United Kingdom in relation to a number of cases in both domestic and international courts: the Ojdanic case in the International Criminal Tribunal for the Former Yugoslavia; Federal Republic of Yugoslavia v. United Kingdom in the International Court of Justice; the General Assembly request to the ICJ for an advisory opinion on the Palestinian wall (UK observations on admissibility); R (on the application of the European Roma Rights Centre and others) v. Immigration Officer at Prague Airport and others; and R (on the application of Abbasi and Mubanga) v. the Secretary of State for Foreign and Commonwealth Affairs and others.

Notable appearances include:

  • Libya v. United Kingdom (Aerial Incident at Lockerbie) ICJ Reps., 1992, p. 3; ICJ Reps. 1998, p. 3
  • Case concerning Legality of Use of Force (Yugoslavia v. United Kingdom) ICJ Reps, 1999
  • R. v. Bow Street Magistrates, ex parte Pinochet (No. 1) 1 AC 147, 3 WLR 1456 and (No. 3) 1 AC 147, 2 WLR 827 1 WLR 188 (Court of Appeal)

The Globe and Mail reported on 31 August 2007 that Greenwood had been hired by the Canadian Department of National Defence for an opinion on the Canadian Afghan detainee issue, the responsibility Canada had for captives apprehended in Afghanistan. The legal issue is whether Canada can use the United Nations mandate to override its international treaty obligations.

Judge at the International Court of Justice

Greenwood was elected as a judge of the International Court of Justice in November 2008 and served from 2009 to 2018. Greenwood's direct predecessor as a judge from the United Kingdom was Rosalyn Higgins and, although there is no rule allocating seats, the one held by them was kept by judges from the UK since the founding of the ICJ in 1946.

In November 2017, the seats of Greenwood and four other judges were up for election. Nawaf Salam from Lebanon surprisingly contested and won the seat kept previously by Indian judge Dalveer Bhandari. India in turn had Bhandari contest the seat previously held by Greenwood and after multiple rounds of voting the United Kingdom decided to withdraw Greenwood's application. This is the second time a permanent member of the United Nations Security Council has no judge on the ICJ and first time a permanent member lost the majority vote in the UN general assembly.

Lectures

References

  1. ^ "All Members | International Court of Justice". www.icj-cij.org. Retrieved 13 May 2018.
  2. "Sir Christopher Greenwood GBE CMG QC gives 2018 Tom Sargant lecture". Justice.org. Retrieved 16 November 2016.
  3. "No. 58929". The London Gazette (Supplement). 31 December 2008. p. 1.
  4. "No. 62310". The London Gazette (Supplement). 9 June 2018. p. B23.
  5. ^ Christopher Greenwood, CMG, QC (21 March 2005). "The legality of using force against Iraq". Select Committee on Foreign Affairs. Retrieved 1 September 2007.{{cite web}}: CS1 maint: multiple names: authors list (link)
  6. "Lords Hansard – Written Answers Monday, 21 March 2005". Lords Hansard. 21 March 2005. Archived from the original on 20 October 2006. Retrieved 1 September 2007.
  7. ^ Bruce Cheadle (31 August 2007). "Academic hired to argue detainees' rights case". The Globe and Mail. Retrieved 1 September 2007.
  8. "Five judges elected to serve on UN International Court of Justice". UN News. 6 November 2008.
  9. News, Taiwan. "Taiwan News Online － Breaking News, Politics, Environment, Immigrants, Travel, and Health". Taiwan News. {{cite web}}: |last= has generic name (help)
  10. Bowcott, Owen (20 November 2017). "No British judge on world court for first time in its 71-year history". The Guardian. Retrieved 13 May 2018.
  11. Murphy, Ben. "UK is out of the International Court of Justice – and it's hard to not see Brexit at play". The Conversation. Retrieved 13 May 2018.

Notes

  1. The LLB degree at Cambridge has since been renamed as the LLM to clearly reflect it being a Master's degree. By contrast, Oxford's Bachelor of Civil Law degree (BCL) retains the traditional name.

External links

Categories: