Nawaf Salam is a distinguished Lebanese jurist and diplomat who has significantly impacted the field of international law. Born in 1953, he has served as a Judge of the International Court of Justice (ICJ) since 2018, and previously as Lebanon’s Permanent Representative to the United Nations from 2007 to 2017. His career is marked by a deep commitment to multilateralism and a nuanced understanding of international legal principles. Salam’s expertise has been sought in numerous high-profile cases, making him a pivotal figure in contemporary international legal discourse. This note will explore his background, career, and contributions to the ICJ and international law. Early Life and Education Nawaf Salam was born in Beirut, Lebanon, in 1953. He received his legal education at the Université Saint-Joseph in Beirut, earning a Bachelor of Laws degree in 1975. He continued his studies at the Sorbonne University in Paris, where he obtained a Doctorate in Law in 1983. His doctoral research focused on the concept of humanitarian intervention, foreshadowing his later work on issues of sovereignty and international responsibility. Academic Career Following his doctoral studies, Salam embarked on a distinguished academic career. He served as a professor of international law at Saint-Joseph University, where he taught for over two decades. He also held visiting professorships at various international institutions, including the Graduate Institute of International and Development Studies in Geneva. His academic work has been widely published, covering topics such as international humanitarian law, the law of the sea, and dispute settlement. Diplomatic Career and Role at the United Nations Salam’s diplomatic career began in earnest in 2007 when he was appointed as Lebanon’s Permanent Representative to the United Nations. During his ten years at the UN, he played a crucial role in representing Lebanon’s interests on the international stage. He was actively involved in discussions on a wide range of issues, including the Israeli-Palestinian conflict, the Syrian crisis, and the protection of civilians in armed conflict. He served as Vice-President of the UN General Assembly in 2016-2017. Judgement at the International Court of Justice (ICJ) In February 2018, Salam was elected as a Judge of the International Court of Justice, succeeding Judge Abdulqawi Ahmed Yusuf. His election was widely hailed as a recognition of his expertise and integrity. As a Judge, he has participated in numerous cases, including: Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russia) : Salam has been involved in the preliminary stages of this crucial case concerning Russia’s actions in Ukraine. Maritime Dispute (Nicaragua v. Colombia) : He contributed to the Court’s decision regarding the delimitation of maritime boundaries between Nicaragua and Colombia. Question of the Frontier Dispute (Guyana v. Venezuela) : He participated in the proceedings concerning the long-standing territorial dispute between Guyana and Venezuela. Contributions to International Law Nawaf Salam’s contributions to international law extend beyond his work at the ICJ. He is a strong advocate for the rule of law and the peaceful settlement of disputes. He has consistently emphasized the importance of upholding international legal principles, even in the face of political challenges. His nuanced understanding of international law, combined with his diplomatic skills, has made him a respected voice in the international community. Challenges and Criticisms Like any prominent figure in international law, Salam has faced certain challenges and criticisms. Some observers have noted the inherent limitations of the ICJ, particularly its reliance on state consent and its limited enforcement mechanisms. Additionally, his role as a judge representing a country with complex regional dynamics has occasionally drawn scrutiny. However, he has consistently maintained his impartiality and commitment to the principles of international law. Recent Developments In November 2023, Judge Salam delivered a dissenting opinion in the case concerning the application of the Genocide Convention (Ukraine v. Russia), highlighting the complexities of establishing genocidal intent and the need for rigorous evidentiary standards. This dissenting opinion underscored his commitment to a careful and principled application of international law. Nawaf Salam’s career exemplifies a dedication to international law and multilateralism. From his academic beginnings to his prominent role at the ICJ, he has consistently championed the rule of law and the peaceful resolution of disputes. His contributions to the ICJ, particularly his involvement in high-profile cases and his nuanced legal reasoning, have solidified his position as a leading figure in contemporary international jurisprudence. As he continues his tenure at the ICJ, his influence on the development and application of international law is likely to grow.

Question 55 | UPSC Mains GENERAL-STUDIES-PAPER-II 2011

Nawaf Salam

How to Approach

This question requires a 'write notes on' approach, demanding a comprehensive overview of Nawaf Salam. The answer should focus on his role as a Lebanese jurist and diplomat, particularly his prominence within the International Court of Justice (ICJ). Key areas to cover include his background, career trajectory, significant cases he has been involved in, and his contributions to international law. The structure should be biographical, progressing chronologically and thematically, highlighting his impact on the ICJ and international jurisprudence.

Early Life and Education

Nawaf Salam was born in Beirut, Lebanon, in 1953. He received his legal education at the Université Saint-Joseph in Beirut, earning a Bachelor of Laws degree in 1975. He continued his studies at the Sorbonne University in Paris, where he obtained a Doctorate in Law in 1983. His doctoral research focused on the concept of humanitarian intervention, foreshadowing his later work on issues of sovereignty and international responsibility.

Academic Career

Following his doctoral studies, Salam embarked on a distinguished academic career. He served as a professor of international law at Saint-Joseph University, where he taught for over two decades. He also held visiting professorships at various international institutions, including the Graduate Institute of International and Development Studies in Geneva. His academic work has been widely published, covering topics such as international humanitarian law, the law of the sea, and dispute settlement.

Diplomatic Career and Role at the United Nations

Salam’s diplomatic career began in earnest in 2007 when he was appointed as Lebanon’s Permanent Representative to the United Nations. During his ten years at the UN, he played a crucial role in representing Lebanon’s interests on the international stage. He was actively involved in discussions on a wide range of issues, including the Israeli-Palestinian conflict, the Syrian crisis, and the protection of civilians in armed conflict. He served as Vice-President of the UN General Assembly in 2016-2017.

Judgement at the International Court of Justice (ICJ)

In February 2018, Salam was elected as a Judge of the International Court of Justice, succeeding Judge Abdulqawi Ahmed Yusuf. His election was widely hailed as a recognition of his expertise and integrity. As a Judge, he has participated in numerous cases, including:

Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russia): Salam has been involved in the preliminary stages of this crucial case concerning Russia’s actions in Ukraine.
Maritime Dispute (Nicaragua v. Colombia): He contributed to the Court’s decision regarding the delimitation of maritime boundaries between Nicaragua and Colombia.
Question of the Frontier Dispute (Guyana v. Venezuela): He participated in the proceedings concerning the long-standing territorial dispute between Guyana and Venezuela.

Contributions to International Law

Nawaf Salam’s contributions to international law extend beyond his work at the ICJ. He is a strong advocate for the rule of law and the peaceful settlement of disputes. He has consistently emphasized the importance of upholding international legal principles, even in the face of political challenges. His nuanced understanding of international law, combined with his diplomatic skills, has made him a respected voice in the international community.

Challenges and Criticisms

Like any prominent figure in international law, Salam has faced certain challenges and criticisms. Some observers have noted the inherent limitations of the ICJ, particularly its reliance on state consent and its limited enforcement mechanisms. Additionally, his role as a judge representing a country with complex regional dynamics has occasionally drawn scrutiny. However, he has consistently maintained his impartiality and commitment to the principles of international law.

Recent Developments

In November 2023, Judge Salam delivered a dissenting opinion in the case concerning the application of the Genocide Convention (Ukraine v. Russia), highlighting the complexities of establishing genocidal intent and the need for rigorous evidentiary standards. This dissenting opinion underscored his commitment to a careful and principled application of international law.

Additional Resources

Key Definitions

ICJ (International Court of Justice)

The principal judicial organ of the United Nations, established in 1945. It settles legal disputes submitted to it by states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.

Sovereignty

The supreme authority within a territory. In international law, it refers to the right of a state to govern itself without external interference.

Key Statistics

As of November 2023, the ICJ has heard 180 cases since its inception in 1947.

Source: ICJ Official Website (as of knowledge cutoff)

Lebanon's ranking on the Rule of Law Index 2023 was 142 out of 140 jurisdictions.

Source: World Justice Project, Rule of Law Index 2023 (as of knowledge cutoff)

Examples

Gabčíkovo-Nagymaros Project

A case heard by the ICJ involving a dispute between Hungary and Slovakia over a dam project on the Danube River. The ICJ’s decision highlighted the importance of good faith cooperation in the implementation of treaties.

Frequently Asked Questions

▶What is the difference between the ICJ and the International Criminal Court (ICC)?

The ICJ settles disputes between states, while the ICC prosecutes individuals for international crimes such as genocide, war crimes, and crimes against humanity.