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Sarah H. Cleveland
Judge of the International Court of Justice
Elected
Assuming office
6 February 2024
SucceedingJoan Donoghue
Personal details
NationalityAmerican
Alma materBrown University (AB)
Lincoln College, Oxford (MSt)
Yale University (JD)
OccupationLaw professor
Known forExpert on international law

Sarah Hull Cleveland (born September 4, 1965), an American lawyer, law professor, and former State Department official, is a judge on the International Court of Justice and the Louis Henkin Professor of Human and Constitutional Rights at Columbia Law School (currently on leave of absence).

Cleveland is an expert in public international law, international and comparative human rights, international humanitarian law, national security law, constitutional law of U.S. foreign relations, and federal civil procedure. She previously served as, among other positions, an independent expert on the United Nations Human Rights Committee, the Co-Coordinating Reporter of the American Law Institute's project on the Restatement (Fourth) of the Foreign Relations Law of the United States, and the U.S. Independent Member on the Venice Commission of the Council of Europe.[1][2]

Early life and education[edit]

Cleveland grew up in Alabama and earned an A.B. with honors at Brown University in 1987 (Junior Phi Beta Kappa); an M.St. in British Imperial and Commonwealth history from Lincoln College, Oxford University (Rhodes Scholar), in 1989; and a J.D. from Yale Law School in 1992.[3][4]

Cleveland litigated her first case when she was a Yale law student in a human rights clinic, suing the U.S. Government on behalf of Haitian refugees detained at the Guantanamo Bay Naval Base, a case that led to the U.S. Supreme Court's 1993 decision in Sale v. Haitian Centers Council, Inc.[5]

Legal career[edit]

Judicial clerkships and fellowship[edit]

Immediately after law school, Cleveland clerked for Judge Louis F. Oberdorfer on the United States District Court for the District of Columbia, and then for Justice Harry Blackmun of the Supreme Court of the United States during the 1993-1994 Term.[6]

She represented migrant farmworkers in South Florida, as a Skadden Fellow, from 1994 to 1996.[4]

Academic positions and writing[edit]

Cleveland taught at the University of Texas law school from 1997 to 2007, as (successively) Assistant Professor, Professor of Law, and Marrs McLean Professor in Law.[6]

In 2007 she joined the faculty of Columbia Law School, where she is the Louis Henkin Professor of Human and Constitutional Rights (on leave of absence). She has also served as Faculty Co-Director of the law school's Human Rights Institute.[1]

She has also served as a visiting professor at Harvard Law School, the University of Michigan Law School, the University of Tokyo, Sciences Po University (Paris), Paris-Panthéon-Assas University (Paris II), the University of Oxford (on a George Washington University summer program), the Graduate Institute of International and Development Studies (in Geneva), Leiden University, and the European University Institute (in Italy).[6]

Cleveland has written widely, including several dozen scholarly articles, on issues of international law, human rights, and U.S. foreign relations law. She is a co-author of Louis Henkin's Human Rights casebook (2nd ed. 2009 and update 2013) and a co-editor of The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Oxford University Press, 2020).[1]

From 2012 to 2018, as Co-Coordinating Reporter with Professor Paul Stephan of the University of Virginia School of Law, she oversaw the preparation of the American Law Institute's Restatement (Fourth) of the Foreign Relations Law of the United States.[7]

She has been involved in international law and human rights litigation in the United States and before the Inter-American Court of Human Rights.[8]

Public service (government and multilateral)[edit]

From 2009 to 2011, Cleveland served as the Counselor on International Law to the legal adviser at the U.S. Department of State. There she provided expert legal assistance on international law issues including treaty interpretation and implementation, human rights, international justice, armed conflict, counterterrorism, and U.S. domestic litigation.[4]

From 2011 to 2023, she served as a member of the Secretary of State's Advisory Committee on International Law.[6]

The United States named Cleveland as the independent U.S. Observer Member (2010-2013) and then Member (2013-2019) of the Venice Commission of the Council of Europe. [9][10][11]

In March 2014, the U.S. Government nominated Cleveland to serve as an independent expert on the Human Rights Committee. The committee, the United Nations treaty body that monitors implementation of the International Covenant on Civil and Political Rights, holds three month-long meetings each year to review state implementation of the multilateral treaty. The states parties to the treaty elected her to the committee on June 24, 2014. She served on the committee for a four-year term that encompassed the calendar years 2015-2018. On the committee, Cleveland was Special Rapporteur for Follow-up to Concluding Observations (2015-2017), Special Rapporteur for New Communications and Interim Measures (2017-2018), and Vice Chairperson (2018).[4][12][13][14]

On August 10, 2021, President Joe Biden announced his intent to nominate Cleveland to be the legal adviser of the Department of State, and sent her nomination to the Senate. On January 3, 2023, her nomination was returned to the President under Senate Rule XXXI, Paragraph 6.[3][15]

In August 2022, the United States National Group to the Permanent Court of Arbitration decided to nominate Cleveland to be the U.S. candidate for election as a judge on the International Court of Justice. The national groups of over 50 other states also nominated her. In the 2023 ICJ election, on November 9, 2023, the UN General Assembly and Security Council each elected her, from nine candidates for five seats, to a nine-year term (2024-2033). She was the sixth woman elected to the Court since it was established in 1945. She was sworn in as member of the Court on February 6, 2024.[16][17][18][5]

Memberships of boards and institutions[edit]

Cleveland has served as a member of the American Law Institute, a Council Member of the International Bar Association's Human Rights Institute, a Commissioner of the International Commission of Jurists, a member of the Executive Council of the American Society of International Law, and a member of the board of directors of Human Rights First.[4] She served on the boards of editors of the Journal of International Economic Law, the International Review of the Red Cross, and the Columbia Journal of Transnational Law.[6]

Personal life[edit]

Cleveland lives in New York and has two children, Richard Tuddenham and Electa Cleveland.

Awards and honors[edit]

  • Rhodes Scholar (1987)
  • University of Texas School of Law, Excellence in Teaching Award (2000-2001)
  • U.S. Department of State, Certificate of Appreciation (2011)
  • Columbia International Law Society, Excellence in International Law Teaching Award (2014)
  • Instituto Universitario de Yucatán (Mexico), Doctorado Honoris Causa (2020)
  • American Society of International Law, Robert E. Dalton Award, for The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (2022)[6][19]

References[edit]

  1. ^ a b c Columbia Law School - Faculty bio - Sarah Cleveland
  2. ^ "PROFESSOR SARAH H. CLEVELAND: Campaign Brochure" (PDF). U.S. State Department. Retrieved 10 February 2024.
  3. ^ a b "President Biden Announces Ten Key Nominations". The White House. 10 August 2021. Retrieved 22 March 2022.
  4. ^ a b c d e "Sarah Cleveland - CV" (PDF). U.S. State Department. Retrieved 28 December 2023.
  5. ^ a b "Five Questions on the International Court of Justice for Judge-Elect Sarah Cleveland". Columbia Law School. Retrieved 10 February 2024.
  6. ^ a b c d e f "Biography of Judge Sarah H. CLEVELAND" (PDF). International Court of Justice. Retrieved 10 February 2024.
  7. ^ Fox, Mike (29 August 2018). "Team Co-Led by Professor Paul Stephan Completes Foreign Relations Law Restatement". University of Virginia School of Law. Retrieved 28 December 2023.
  8. ^ Blinken, Secretary Antony. "The Nomination of Professor Sarah Cleveland for the International Court of Justice (Press Statement)". United States Department of State. Retrieved 28 December 2023.
  9. ^ "Members of the Venice Commission". Council of Europe. Archived from the original on 23 January 2013.
  10. ^ "Members of the Venice Commission". Council of Europe. Archived from the original on 3 January 2019.
  11. ^ Cohen, Roger (February 16, 2018). "Opinion: Awaken, Poland, Before It's Too Late". New York Times. Retrieved August 18, 2018.
  12. ^ Crosette, Barbara (July 30, 2018). "The UN Eyes a World With Less US". The Nation. Retrieved August 18, 2018.
  13. ^ U.S. Government Nominates Professor Sarah H. Cleveland to U.N. Human Rights Committee - Columbia Law School News
  14. ^ Professor Sarah Cleveland Elected to U.N. Human Rights Committee, Columbia Law School News, June 24, 2014. Accessed December 28, 2023.
  15. ^ "PN1034 — Sarah H. Cleveland — Department of State 117th Congress (2021-2022)". US Congress. 8 March 2022. Retrieved 22 March 2022.
  16. ^ "Campaign Materials: Professor Sarah H. Cleveland, U.S. Candidate for Election to the International Court of Justice (2024-2033)". United States Department of State. Retrieved 2023-10-16.
  17. ^ "Five judges elected to United Nations' top court". UN News. 9 November 2023. Retrieved 28 December 2023.
  18. ^ "Swearing-in of Their Excellencies Mr Bogdan-Lucian Aurescu, Ms Sarah Hull Cleveland, Mr Juan Manuel Gómez Robledo Verduzco and Mr Dire Tladi, new Members of the Court (press release)" (PDF). International Court of Justice. Retrieved 10 February 2024.
  19. ^ "The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law". Oxford University Press. Retrieved 28 December 2023.

Selected publications[edit]

  • Louis Henkin, Sarah H. Cleveland, Laurence R. Helfer, Gerald L. Neuman, Diane F. Orentlicher, Human Rights (Foundation Press, 2nd ed., 2009, and 2013 update)
  • Paul B. Stephan and Sarah H. Cleveland, eds., The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Oxford University Press, 2020).

See also[edit]

External links[edit]