Joan Donoghue: American Judge Heads International Court of Justice
Professor of International Law, Legal Advisor, and American Judge, Joan Donoghue was the 26th President of the International Court of Justice. She was appointed on February 8, 2021, succeeding Somali Judge Abdulqawi Ahmed Yusuf for a three-year term. She is the second woman to hold this position since the establishment of the court in 1945 after Rosalyn Higgins.
Early Life, Education, and Training
Joan E. Donoghue was born on December 12, 1956, in Yonkers, New York, USA. She attended the University of Santa Cruz, California, graduating in 1978 with a degree in Russian Studies and Biology. She later shifted her academic focus to law, obtaining a Doctor of Law degree from Berkeley Law School at the University of California in 1981.
She worked in various legal teaching positions in US law schools, lecturing on international law and conflict resolution. Donoghue also provided legal counsel to former US Secretary of State Hillary Clinton and former President Barack Obama on international law matters, including advising on drafting Security Council resolutions and decisions of the UN General Assembly and other UN bodies.
Career and Responsibilities
Donoghue worked at the law firm Covington & Burling from 1981 to 1984. Her career took off in the early 1980s when she served as a legal advisor to her country in what was known in the media as the Nicaragua case, where the United States was accused of supporting armed opposition.
Her tenure at the US State Department in the 1990s was pivotal in her professional trajectory, as she delved into global politics and handled various and diverse issues. Donoghue served as Assistant Legal Adviser in the Oceans, Environment, and Science Division from 1989 to 1991, then in the African Affairs Division from 1993 to 1994, and later in the Economic and Business Affairs Division until 1999.
International Court of Justice
Donoghue was nominated to the International Court of Justice in 2010 following the resignation of Judge Thomas Buergenthal. Due to the lack of other candidates competing against her, she was elected on September 9, 2010, during a United Nations General Assembly session with 159 out of 167 votes, as all Security Council votes were in her favor.
She was sworn in and joined the Court on September 13, 2010, completing the remaining nine-year term for which Buergenthal was elected under the ICJ Statute.
Donoghue was nominated for a second term in the International Court of Justice in 2014 by the American National Group for the Hague Court. She was re-elected with a majority of 156 votes in the first round of voting.
On February 8, 2021, she was appointed President of the International Court of Justice, succeeding Somali Judge Abdulqawi Ahmed Yusuf for a period of 3 years.
Judgments and Decisions
In 2017, Joan Donoghue, as a judge in the International Court of Justice, issued a dissenting opinion in the Chagos Archipelago separation legality from Mauritius case. The ICJ issued an advisory opinion on the sovereignty dispute over the Chagos Archipelago between the UK and Mauritius, in response to a request from the UN General Assembly.
The court deemed the expulsion of Chagos Islanders as unlawful, as it resulted from the UK’s separation of the Chagos Islands from the rest of Mauritius during British colonial rule in the region in 1965.
On January 26, 2024, in response to a “genocide” complaint filed by South Africa against Israel, the International Court of Justice with Donoghue as the presiding judge acknowledged its jurisdiction over the matter. Israel was accused of committing acts of genocide according to texts in international law, seen as a significant victory for the Republic of South Africa and an unprecedented win for the Palestinian cause.
Published Works
Joan Donoghue has authored several articles on law to express her legal insights into numerous complex issues, including:
- “Permanent Immunity for Former Diplomats in Response to the Abisinito Case: A Restrictive Theory of Diplomatic Immunity” published in the Columbia Journal of Transnational Law.
- “The Public Face of Private International Law: Prospects for the Foreign Sovereign Immunities Act”
- “EU Commission Involvement in Marine Environmental Protection: Legal and Institutional Aspects”
- “Eliminating the Concept of ‘Sovereign’ from Foreign Sovereign Immunities Law: A Functional Approach to Commercial Activities”
Honors and Awards
- Donoghue was awarded the title of “Outstanding Young Federal Lawyer” by the US Department of Justice in 1988.
- She received the Department of State’s Superior Honor Award in 2009.
- In 2009, she was honored with the US Presidential Medallion awarded annually by the US President.
- The 2014 “Wiley Award” for Outstanding Women in International Law.
- The Law and Rights Medal from the Thomas Jefferson Foundation in 2015.
- The 2020 “Wolfgang Friedman” Memorial Award for her exceptional contributions to transnational law.
By adhering to her legal expertise and dedication to international law, Joan Donoghue’s leadership in the International Court of Justice continues to shape and uphold justice on a global scale.
