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Theodor Meron | |
|---|---|
 | |
| Legal adviser for the Israeli Ministry of Foreign Affairs | |
| In office 1967–1971 | |
| Preceded by | Shabtai Rosenne |
| Succeeded by | Meir Rosenne |
| Israeli Ambassador in Canada | |
| In office 1971–1975 | |
| Preceded by | Ephraim Evron |
| Succeeded by | Mordechai Shalev |
| President of theInternational Criminal Tribunal for the former Yugoslavia | |
| In office 2002–2005 | |
| Preceded by | Claude Jorda |
| Succeeded by | Fausto Pocar |
| In office 2011–2015 | |
| Preceded by | Patrick Robinson |
| Succeeded by | Carmel Agius |
| President of theInternational Residual Mechanism for Criminal Tribunals | |
| In office 1 March 2012 – 18 January 2019 | |
| Preceded by | office established |
| Succeeded by | Carmel Agius |
| Judge of theInternational Criminal Tribunal for the former Yugoslavia | |
| In office 14 March 2001 – 31 December 2017 | |
| Judge of theInternational Residual Mechanism for Criminal Tribunals | |
| Assumed office 1 July 2012 | |
| Personal details | |
| Born | (1930-04-28)28 April 1930 (age 95) |
| Nationality | American; British |
| Education | Hebrew University (MJur) Harvard University (SJD) Cambridge University |
Theodor Meron,CMG (born 28 April 1930) is an American lawyer and judge. He served as a judge of theInternational Criminal Tribunal for the former Yugoslavia (ICTY),International Criminal Tribunal for Rwanda (ICTR), and theInternational Residual Mechanism for Criminal Tribunals (Mechanism). He served as President of the ICTY four times (2002–2005 and 2011–2015)[1][2] and inaugural President of the Mechanism for three terms (2012–2019).[3][4]
Meron was born inKalisz,Poland, to a Jewish family. Meron was held in a Nazi labor camp duringWorld War II. In 1945, he immigrated toMandatory Palestine. He received his legal education at theHebrew University (M.J.),Harvard Law School (LL.M., J.S.D.) andCambridge University (Diploma in Public International Law). He immigrated to the United States in 1978 and is a citizen of the United States and the United Kingdom.[4][citation needed]
Meron is a scholar of public international law, international humanitarian law, human rights and international criminal law. Prior to his immigration to the United States, Meron was a legal adviser of the Israeli Ministry of Foreign Affairs.[4] Starting in 1977, he has served as a Professor of International Law at the GenevaGraduate Institute of International Studies, a visiting professor atHarvard Law School andUC Berkeley, and a Professor of International Law atNew York University School of Law, where he was named the Charles L. Denison Chair atNew York University School of Law in 1994. In 2000-01 he served as Counselor on International Law in the U.S. Department of State. In 2006 he was named Charles L. Denison Professor Emeritus and Judicial Fellow atNew York University School of Law.[4] He has been a visiting professor atOxford University since 2014, a visiting fellow at Mansfield College, and an academic associate at the Bonavero Human Rights Institute. In May 2019, he was elected Honorary Visiting Fellow of Trinity College, Oxford, and later an Honorary Fellow.
In 1990, Meron served as a “Public Member” of the United States Delegation to the CSCE Conference on Human Dimensions in Copenhagen. In 1998, he served as a member of U.S. Delegation to theRome Conference on the establishment of anInternational Criminal Court. He served on several committees of experts of the ICRC, on Internal Strife, on Environment and Armed Conflicts, and on Customary Rules of International Humanitarian Law. He co-leads the annual ICRC-NYU seminars on international humanitarian law for UN diplomats.[4] In 2022 he was appointed Special Advisor on International Humanitarian Law to the Prosecutor of the International Criminal Court.
Meron is a member of the Institute of International Law and the Council on Foreign Relations and is a former Honorary President of the American Society of International Law. He has also served as Co-Editor-in-Chief of theAmerican Journal of International Law. He was awarded the 2005 Rule of Law Award by the International Bar Association and the 2006 Manley O. Hudson Medal of the American Society of International Law.[4]
He was made anOfficer of the Legion of Honor by the President of the French Republic in 2007.[5] He received the Charles Homer Haskins Prize of the American Council of Learned Societies for 2008. In 2009, Meron was elected to theAmerican Academy of Arts and Sciences. He was awarded a LLDhonoris causa by the University of Warsaw in 2011 and LLD honoris causa by the University of Calisia, (Kalisz) in 2021, and in 2017 he was made Officer of the Order of Merit of Poland. He was also named "Grand Officier" of theNational Order of Merit by the President of France in 2014.[4] For service to criminal justice and international Humanitarian Law, Queen Elizabeth II made him an Honorary Companion of "the Most Distinguished Order of St. Michael and St. George" (CMG) in 2019.[6] That same year, he was also one of 17 honorees selected by One Young World andVanity Fair for the inaugural Global Achievements List, cited for his contributions "for peace, justice and strong institutions" (UK March 2019 issue).[7]
In 2024, Meron was part of an expert panel that recommended ICC chief prosecutorKarim Ahmad Khan issue arrest warrants against Israeli Prime MinisterBenjamin Netanyahu, Defense MinisterYoav Gallant and three Hamas leaders (Yahya Sinwar,Mohammed Deif,Ismail Haniyeh) on suspicion of war crimes and crimes against humanity in theGaza war.[8][9][10]
After Israel's victory in theSix-Day War of June 1967, Meron, as legal counsel to the Israeli Foreign Ministry, wrote a secret memo[11][12][13] for Prime MinisterLevi Eshkol, who was considering re-establishing the Jewish settlement ofKfar Etzion, which had beendestroyed by Arab forces in 1948. Meron's memo concluded that creating this new settlement in the Occupied Territories would be a violation of theFourth Geneva Convention. Eshkol created the settlement anyway. Fifty years later, in 2017, Meron, citing decades of legal scholarship on the subject, reiterated his legal opinion regarding the illegality of Israeli settlements in the Occupied Territories.[14]
Judge Theodor Meron presided over the Appeals Chamber in the case of Radislav Krstic which confirmed that systematic murder of over 8,000 men and boys in Srebrenica constituted genocide. He visited the Srebrenica Genocide Memorial in 2004 and stated:
"...Where these requirements are satisfied, however, the law must not shy away from referring to the crime committed by its proper name. By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide. They targeted for extinction the forty thousand Bosnian Muslims living in Srebrenica, a group which was emblematic of the Bosnian Muslims in general."[15]
In June 2013, JudgeFrederik Harhoff ofDenmark, a judge at the ICTY, circulated a letter saying that Meron had pressured other judges into acquitting Serb and Croat commanders. The letter claimed Meron had raised the bar for conviction for responsibility that senior military leaders should bear for war crimes committed by their subordinates, and prosecutors interviewed complained that a conviction has thereby become nearly impossible. The letter blamed Meron, whom it identified as anAmerican, for the acquittals of top Serb and Croat commanders.[16]
In August 2013, a chamber appointed by the ICTY Vice-President found by majority that Judge Harhoff had demonstrated an unacceptable appearance of bias in favour of conviction. Harhoff was therefore disqualified from the case ofVojislav Šešelj. The decision followed a defence motion seeking the disqualification of Harhoff on the basis of Judge Harhoff's letter.[17] Following the decision on his disqualification for bias, Harhoff, who was an ad litem judge, had to leave the ICTY.
In the Judgment of theInternational Court of Justice of 3 February 2015, the Court, which is the principal judicial organ of the United Nations, expressed agreement with the ICTY majority judgement in the case ofAnte Gotovina andMladen Markač, which was at the center of Harhoff's criticism of Meron, who presided over the Gotovina and Markač appeal.[18]
Theodor Meron was one of 8 judges called upon byICC ProsecutorKarim Khan to provide advice on whether to provide arrest warrants for Israeli and Hamas leaders on charges ofwar crimes in May 2024. Meron, alongside the other 7 judges, advised him to provide these warrants. The panel also found reasonable evidence that both Israel and Hamas had committed war crimes, with Israel in specific usingstarvation as a method of warfare.[19]
Meron has given numerous public lectures, a TEDx talk and public interviews.
In2019, Meron was appointed Honorary Companion of theOrder of St Michael and St George (CMG), for services to criminal justice and international humanitarian law.[20] On1 April 2022 the appointment was made substantive.[21]He is also an officer of the French Legion of Honour, a Grand Officer of the French National Order of Merit and Officer of the Polish Order of Merit.[22] He has honorary doctorates from the Universities of Warsaw and Calisia.[23]
Meron's books include:
Meron is among the editors ofHumanizing the Laws of War: Selected Writings of Richard Baxter (Oxford University Press 2013). He has also published well over 100 articles in various legal periodicals.
Reflections on the Prosecution of War Crimes by International Tribunals: A Historical Perspective in theLecture Series of the United Nations Audiovisual Library of International Law
