Carl-August Fleischhauer

Carl- August Fleischhauer ( born December 9, 1930 in Dusseldorf, † September 4, 2005 in Bonn) was a German lawyer. He was from 1962 in various positions in the Foreign Office, before he as Under-Secretary General took over as head of the 1983 Legal Affairs of the United Nations. From 1994 to 2003 he worked as a judge at the International Court of Justice.

Life

Carl- August Fleischhauer studied law at the University of Heidelberg and the Universities of Grenoble, Paris and from 1954 to 1955 on a Fulbright scholarship at the University of Chicago. He graduated in 1954 in Heidelberg, as well as the first six years later in Stuttgart, the second state examination in law and then worked at the Max Planck Institute for Comparative Public Law and International Law as a speaker. During his time at the Institute, whose board of trustees he later from 1975 was a member until 2002, he received his doctorate in 1961 with a thesis in the field of constitutional law. In 1962 he began a career in the Foreign Office. From 1962 to 1963 he worked in the diplomatic service in Iran and from 1969 to 1971 in Uruguay. From 1972, he directed the Department of international law from 1976 till 1983, the Legal Department of the Foreign Office. In addition, he represented Germany at various international conferences, such as in the years 1968/1969 in negotiating the Vienna Convention on the Law of Treaties, 1974/1975 at the Conference on Security and Cooperation in Europe, 1974-1977 in the negotiations on the additional Protocols to the Geneva Conventions, and from 1974 to 1982 in negotiating the convention. Then he headed from 1983 to 1994 as Under-Secretary General of the Office of Legal Affairs of the United Nations. During this time he was instrumental in the drafting of mandates and other framework documents of various missions of peacekeeping forces of the UN, for the missions ONUCA in El Salvador, UNTAG in Namibia, Mozambique and ONUMOZ in UNTAC in Cambodia. In addition, the establishment of the International Criminal Tribunal for the former Yugoslavia was based on a report that was created under the leadership of Carl- August Fleischhauer.

From February 6, 1994 - August Fleischhauer, Carl worked as a judge at the International Court of Justice on February 5, 2003. During this time he was involved in 35 judgments and decisions, as well as three opinions of the court, and gave it three dissenting votes from. Even after the end of his regular intervals nine -year tenure, he introduced himself to the court for the trial of the action of the Principality of Liechtenstein against Germany between 2001 and 2005 as an ad hoc judge is available. Subject of the proceedings in which it was the first lawsuit in the history of the Court against Germany, was the treatment of the Liechtenstein assets on the territory of the former Czechoslovakia in connection with the Second World War as German external assets and its recourse to settle German war debts. The incumbent on the court at this time Judge Bruno Simma German did not participate in the decision, as he had previously acted as legal adviser to the German government in this case and was so self-conscious person. The process ended with the decision of the Court that the claims of Liechtenstein were not be directed against Germany. Carl- August Fleischhauer agreed on the essential points of the decision with the judge majority ( 12:4 ) and was beyond a statement to another part of the decision as to what he was voted as the only judge against the majority (15:1).

Carl- August Fleischhauer was married and the father of two daughters. He died in 2005 in Bonn.

Honors

• Merit 1st class of the Federal Republic of Germany

Works

• The boundaries of the subject matter jurisdiction of the Federal Constitutional Court in the control of the legislature, the state leadership and the political parties. Dissertation at the Law Faculty of the Ruprecht -Karls- University, Heidelberg 1961
• The International Court and its role in international relations. In: security and peace. 16 ( 4) / 1998. Nomos, pp. 223-227, ISSN 0175 - 274X
• Various contributions to the Encyclopedia of Public International Law. Published by the Max Planck Institute for Comparative Public Law and International Law. Elsevier, Amsterdam / New York / London 1992