International Judicial Monitor
Published by the American Society of International Law and the International Judicial Academy
July 2006, Volume 1, Issue 3
 

Leading Figures in International Law

Louise Arbour

Louise Arbour
Academic, Judge, Diplomat

Louise Arbour has made her mark on international law in three distinct ways: as a law professor and judge in her home country of Canada, as Prosecutor of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and as the United Nations High Commissioner for Human Rights. In each of these roles, Arbour has contributed to the development of this dynamic field, working at the intersection between domestic and international law, academia and practice, law and diplomacy.

Arbour began her career in her home country of Canada as an academic, serving as Associate Professor and Associate Dean at the Osgood Hall Law School of York University in Toronto, Canada. In 1987, she was appointed to the Ontario Supreme Court and then to the Ontario Court of Appeal. During her time in academia and as a judge, Arbour gained the respect of colleagues both at home and abroad, writing widely on the Canadian Charter of Rights and Freedoms and promoting the rule of law.

One of her main contributions to the rule of law in Canada was prison reform. As a domestic court judge, Arbour attracted public attention in 1992, ruling that prison inmates have the right to vote. In 1995, she was appointed to conduct an inquiry into violent incidents at the Prisons for Women in Kingston, Ontario. Her subsequent report, made a number of recommendations which resulted in broad policy and management changes throughout the Correctional Service of Canada.

Arbour’s first major role in the international legal community was as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and for Rwanda (ICTY and ICTR). She was appointed to this position in 1996 and earned an international reputation for courage and tenacity, and gained the respect of the United Nations Secretariat, as well as human rights groups around the world.

She faced a daunting task and was responsible for investigating allegations of crimes against humanity and genocide in Bosnia, Kosovo, and Rwanda. To complete this task, she had at hand approximately half the staff and one third the budget which those two tribunals have today. One of her most notable achievements was the May 1999 indictment of Yugoslav President Slobodan Milosevic, the first sitting head of state to be charged with war crimes.

Although widely respected, Arbour’s time at the ICTY and ICTR was not uncontroversial. Many international observers criticized her willingness to speak out so vocally against crimes and even accused her of jeopardizing political peace processes.

After three years as at the ICTY and ICTR, she resigned to take up a seat on the Supreme Court of Canada where she served until her appointment in 2004 as United Nations High Commissioner for Human Rights [www.ohchr.org] The Office of the High Commissioner is mandated to promote and protect the enjoyment and full realization, by all people, of all rights established in the Charter of the United Nations and in international human rights laws and treaties. The mandate includes preventing human rights violations, securing respect for all human rights, promoting international cooperation to protect human rights, coordinating related activities throughout the United Nations, and strengthening and streamlining the United Nations system in the field of human rights. In addition to its mandated responsibilities, the Office leads efforts to integrate a human rights approach within all work carried out by United Nations agencies.

Working toward establishing and furthering the rule of law both in her home country and abroad, Louise Arbour’s work reflects the multi-faceted approach required for promoting and sustaining the rule of law around the world.


by Katherine Brantingham, ASIL Program Officer

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ASIl & International Judicial AcademyInternational Judicial Monitor
© 2006 – The American Society of International Law and International Judicial Academy.

Editors: James G. Apple, Katherine Brantingham and Andrew Solomon.
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