Green Haywood Hackworth (Prestonsburg, Kentucky, January 23, 1883 –

Washington, DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan ...

, June 24, 1973) was an American

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

who served as the first U.S. judge on the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

, as President of the International Court of Justice, as the longest running Legal Adviser to the

US Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other ...

(1925 -1946) and as a member of Secretary of State

Cordell Hull Cordell Hull (October 2, 1871July 23, 1955) was an American politician from Tennessee and the longest-serving U.S. Secretary of State, holding the position for 11 years (1933–1944) in the administration of President Franklin Delano Roosevelt ...

's inner circle of advisers.Hoopes, Townsend & Brinkley, Douglas. ''FDR & The Creation of the U.N.'' New Haven: Yale University Press, 1997. p.112. Print. Hackworth was instrumental in the development of plans for the post World War II world order and was a key member of the U.S. delegation to the

Dumbarton Oaks Conference The Dumbarton Oaks Conference, or, more formally, the Washington Conversations on International Peace and Security Organization, was an international conference at which proposals for the establishment of a "general international organization", w ...

(1944).Hilderbrand, Robert C. ''Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security'', Chapel Hill: University of North Carolina Press, 1990. p.18. Print. He served as a member of the Advisory Committee on Postwar Foreign Policy (1942), as a member of Post War Programs Committee (1944) and as Chairman of the Committee of Jurists that drafted the initial statutes for the

(1945). Hackworth also represented the U.S. Delegation on Committee IV at the

United Nations Conference on International Organization The United Nations Conference on International Organization (UNCIO), commonly known as the San Francisco Conference, was a convention of delegates from 50 Allied nations that took place from 25 April 1945 to 26 June 1945 in San Francisco, Calif ...

where the articles in the

United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...

pertaining to the International Court of Justice were finalized.Whiteman, Marjorie M. "Green Haywood Hackworth: 1883 - 1973" ''The American Journal of International Law'', Vol. 68, No. 1 (Jan., 1974) p.92.

Early life and education

Green Haywood Hackworth was born in Prestonburg Kentucky and his youth was spent in the area of the Big Sandy River. He received a B.A. degree from

Valparaiso University Valparaiso University (Valpo) is a private university in Valparaiso, Indiana. It is a Lutheran university with about 3,000 students from over 50 countries on a campus of . Originally named Valparaiso Male and Female College, Valparaiso Universit ...

, a

Doctor of Law A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL ...

degree from the

University of Kentucky The University of Kentucky (UK, UKY, or U of K) is a Public University, public Land-grant University, land-grant research university in Lexington, Kentucky. Founded in 1865 by John Bryan Bowman as the Agricultural and Mechanical College of Kentu ...

and an

L.L.B Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

degree from

George Washington University , mottoeng = "God is Our Trust" , established = , type = Private federally chartered research university , academic_affiliations = , endowment = $2.8 billion (2022) , preside ...

.Whiteman, Marjorie M. "Green Haywood Hackworth: 1883 - 1973" ''The American Journal of International Law'', Vol. 68, No. 1 (Jan., 1974) p.91. In 1916, after completion of his legal studies, Hackworth secured a job as a law clerk with the

U.S. Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...

and in 1918 was promoted to Assistant Solicitor within the department. Although a Democrat, Hackworth was chosen in 1925 by republican U.S. Secretary of State

Charles Evans Hughes Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the ...

, for nomination by the President and subsequent approval by the Senate to become Solicitor of the Dept. of State.

Legal Adviser to the U.S. Department of State

As the longest running

Legal Adviser of the Department of State The legal adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 (P.L. 71-715; 46 Stat. 1214). The legal adviser replaced the solicitor, a Departme ...

, Hackworth was relied upon for legal advice by five successive U.S. Secretaries of States:

Frank B. Kellogg Frank Billings Kellogg (December 22, 1856December 21, 1937) was an American lawyer, politician, and statesman who served in the U.S. Senate and as U.S. Secretary of State. He co-authored the Kellogg–Briand Pact, for which he was awarded the ...

Henry L. Stimson Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and D ...

and Edward Stettinius Jr. Hackworth was noted for being a skilled legal draftsman concerning the area of treaty provisions and was a perforce in matters involving the U.S. and its foreign relations from the period of U.S. neutrality to the country's entry into

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

. He provided advice to the U.S. President, the

U.S. Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...

, members of congress and other departments within the U.S. State Department. As Legal Adviser to the Department of State, Hackworth represented the U.S Government before the International Joint Commission formed by the United States and Canada under the

Boundary Waters treaty of 1909 The Boundary Waters Treaty is the 1909 treaty between the United States and Canada providing mechanisms for resolving any dispute over any waters bordering the two countries. The treaty covers the Canada, as a dominion of the Crown of Britain ...

. He was a U.S. delegate in 1930 to the First Conference for the Codification of International Law, held at the Hague under the auspices of the

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...

. Hackworth participated in the 8th Conference of American States (1939) held in Lima, in the 8th Scientific Congress of American States (1940) and in the Inter - American Maritime Conference (1941). Following the outbreak of war in Europe, Hackworth served as Adviser to Secretary of State Hull at the 2nd Meeting of foreign Ministers of the American Republics (1941) held in Havana.

World War Two

On Sunday Dec. 7 Hackworth was in conclave with Secretary of State Hull at the state department prior to the scheduled meeting with Japanese ambassadors Kichisaburo Nomura and Saburo Kurusu when President Roosevelt called at 1:30PM and informed Hull of the attack by Japan on Pearl Harbor. Hull consulted with Hackworth and Josheph Ballentine, a state department expert on the Far East, on whether or not to see the waiting Japanese diplomats.Greaves Jr., Percy L. 2010 ''Pearl Harbor: The Seeds and Fruits of Infamy'' Auburn: Mises Institute, 2010 p.324. After seeing and then dismissing the diplomats, Hull met with President Roosevelt and then later again with Hackworth where the two discussed drafting a proclamation of war between Japan and the United States. As the war progressed, Hackworth advised Secretary Hull, President Roosevelt, Judge

Samuel Rosenman Samuel Irving Rosenman (February 13, 1896 – June 24, 1973) was an American lawyer, judge, Democratic Party activist and presidential speechwriter. He coined the term "New Deal", and helped articulate liberal policies during the heyday of the N ...

, and numerous agencies within the government. His role was to consider past legal developments in the laws of war, the laws of neutrality, laws of belligerency and the effect of these laws on the U.S. and other countries. In 1943, Hackworth served as an adviser to Secretary of State Hull at the Moscow Conference and in 1945 he served as Adviser to Secretary of State

Edward Stettinius Edward Reilly Stettinius Jr. (October 22, 1900 – October 31, 1949) was an American businessman who served as United States Secretary of State under Presidents Franklin D. Roosevelt and Harry S. Truman from 1944 to 1945, and as U.S. Ambassador ...

at the Conference of American States on Problems of War and Peace held in Mexico City.

Post War Planning

In Feb. of 1942, Secretary of State Cordell Hull organized the Advisory Committee on Postwar Foreign Policy which was followed by the Special Subcommittee on International Organization of which Hackworth was an integral part. The subcommittee prepared draft proposals that clarified the U.S. State Dept.'s vague views on a postwar organization. In over 40 meetings in 1943, the Special Subcommittee on International Organization made intensive studies of key issues upon which any plans for a future world organization would have to depend. In March 1943, Hull formed the Political Agenda Group which was composed of Hackworth, Edward R. Stettinius and other members of Hull's inner circle. This organization championed a global organization as opposed to Undersecretary of State

Sumner Welles Benjamin Sumner Welles (October 14, 1892September 24, 1961) was an American government official and diplomat in the Foreign Service. He was a major foreign policy adviser to President Franklin D. Roosevelt and served as Under Secretary of State ...

' vision of a regional post war system. In December 1943, this group prepared and delivered to President Roosevelt a detailed post war plan that became the founding framework of the United Nations.Hearden, Patrick J. ''Architects of Globalism: Building a New World Order During World War II'' Fayetteville: University of Arkansas Press, 2002. p.165. Print. After President Roosevelt approved outline of the plan, Hull created The Policy Committee and the Post War Programs Committee, composed of Hackworth and other close advisers from the previously established Informal Agenda Group, to implement the vision of a

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

Dumbarton Oaks Conference

Prior to the Dumbarton Oaks conference, the U.S. State Dept. originated the American Planning Group for preparation. This group was divided into three sections and each section was responsible for a different topic that was to be addressed at Dumbarton Oaks. Hilderbrand, Robert C. ''Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security'' Chapel Hill: University of North Carolina Press, 1990. p.72. Hackworth headed the second group charged with studying arrangements for the peaceful settlements of international disputes and the development of a World Court. At the

, Hackworth chaired a special Legal Subcommittee that was established to deal with the issue of a World Court. The subcommittee used as a base the American draft statute that Hackworth's section had developed prior to the conference. Hilderbrand, Robert C. ''Dumbarton Oaks: The Origins of the United Nations and the Search for Postwar Security'' Chapel Hill: University of North Carolina Press, 1990. p.116. The subcommittee first dealt with the technically complex issue of whether or not the present court should be continued or a new court established and also what the relationship should be of the new court with the new international organization. Hackworth championed the American's view that retaining as much of the existing court statutes as possible. However, the

Soviets Soviet people ( rus, сове́тский наро́д, r=sovyétsky naród), or citizens of the USSR ( rus, гра́ждане СССР, grázhdanye SSSR), was an umbrella demonym for the population of the Soviet Union. Nationality policy in th ...

strongly opposed the continuing membership of certain neutral states in the World Court and favored a new tribunal. This dispute and others over the World Court were settled at the general U.N. Conference at San Francisco where Hackworth represented the U.S. on Committee IV, which was tasked with finalizing statutes for the

International Court of Justice

Hackworth was nominated by three former U.S. Secretaries of State for an initial six-year term on the Court and was subsequently elected to a full nine-year term in 1951. In 1955 he succeeded Sir Arnold McNair of Great Britain for a three-year term as President of the International Court of Justice. During his tenure on the Court, Hackworth adjudicated seventeen contentious cases and was asked to give eleven advisory opinions. Due to Hackworth's experience as a legal draftsman, the task of consolidating views of Court members was frequently assigned to him.

Reparation for Injuries Suffered in the Service of the United Nations

In the case ''Reparation for Injuries Suffered in the Service of the United Nations'', Hackworth disagreed with the Court in its interpretation of the implied powers doctrine and in his dissent maintained that, "powers not expressed cannot freely be implied. Implied powers flow from a grant of express powers, and are limited by those that are "necessary" to the exercise of powers expressly granted." He disagreed with the majority in that he felt that the majority used an unduly wide version of the implied powers doctrine by relating the power to be implied not to an express provision but rather to the functions and objectives of the organization concerned.Fry, James D. ''Legal Resolution of Nuclear Non - Proliferation Disputes'' U.K.: Cambridge University Press, 2013. p.69.

International Court of Justice rulings

Positions

1916 - Law Clerk, U.S. Department of State
1918 - Assistant Solicitor, U.S. Department of State
1925 - Solicitor of the Dept. of State, U.S. Department of State,
1931 - Legal Adviser of the Dept. of State, U.S. Department of State
1930 - Member of U.S. Delegation, Conference on the Codification of International Law
1939 - Adviser to U.S. Secretary of State, Meeting of Foreign Ministers of the American Republics
1940 - Member of U.S. Delegation, Conference of American States
1943 - Member of U.S. Delegation, Moscow Conference
1944 - Member of U.S. Delegation,

1945 - Chairman, Committee of Jurists for Drafting Statutes of the International Court of Justice
1945 - Adviser to US. Delegation, San Francisco Conference on International Organization of the United Nations
1946 - U.S. Judge, International Court of Justice

Associations

*Council on Foreign Relations *District of Columbia Bar *U.S. Supreme Court Bar *Permanent Court of Arbitration *American Society of International Law

Publications

*"Digest of International Law" 1940-1944 (eight volumes)