A Race and Rage for Order: Judge James Crawford’s Legacy at the International Court of Justice

Abstract

Abstract The objective of this article is to attempt to provide some response to what is a rather impossible question to answer: what is Judge James Crawford’s legacy at the International Court of Justice (ICJ)? In their attempt to distil an answer, the authors interviewed nine of Crawford’s judicial colleagues. These interviews built on desk-based research, particularly oral histories. What emerged were valuable insights into Crawford’s tangible contributions to the Court as a judge, even though his time on the bench was cut short and he was conflicted out of hearing many cases (having been so active as counsel before the Court in the preceding years). However, it also became clear that it was essential to assess Crawford’s legacy at the ICJ by considering a ‘broad view’ of his contribution to the Court, as well as his earlier career. In that regard, those interviewed consistently cited Crawford’s extraordinary stewardship and delivery in 2001 of the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (‘ARSIWA’). The authors explore the influence on the Court of Crawford’s work on the ARSIWA, specifically Article 48 and the notion of ‘communitarian norms’. This serves to highlight just one example of how Crawford was in a ‘race’ and ‘rage for order’, on a journey to cement his vision for international law, including at the ICJ.