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123-793: Richard Joseph Goldstone (born 26 October 1938) is a South African retired judge who served in the Constitutional Court of South Africa from July 1994 to October 2003. He joined the bench as a judge of the Supreme Court of South Africa , first in the Transvaal Provincial Division from 1980 to 1989 and then in the Appellate Division from 1990 to 1994. Before that, he was a commercial lawyer in Johannesburg , where he entered legal practice in 1963 and took silk in 1976. He

246-615: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

369-563: A fact-finding mission created by the UN Human Rights Council to investigate international human rights and humanitarian law violations related to the Gaza War . The mission concluded that Israel and Hamas had both potentially committed war crimes and crimes against humanity, findings which sparked outrage in Israel and the initiation of a personal campaign against Goldstone. In 2011, in

492-562: A "credible public instrument" to deal with incidents that might otherwise have derailed the negotiations. The international community took a similar view; his work was supported and funded by the UN, the Commonwealth and the European Community, who regarded it as vital to expose the truth behind political violence in order to achieve democratic stability. Goldstone's work was to pave the way for

615-636: A constitutional amendment that would allow Goldstone to be named, take an immediate period of leave to serve at the tribunal and then return to his spot on the Constitutional Court. He proved to be an ideal candidate, as he had been suggested by the French, was not too hot-headed for the British, was strong enough to satisfy the Americans and his credentials as a white South African who had opposed apartheid satisfied

738-700: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

861-403: A doctrine of parliamentary supremacy, passing laws which judges were absolutely bound to enforce if they had been enacted by parliament or were faithful to what parliament had done. Goldstone distressed civil rights lawyers in 1986 when he concurred without comment with a decision that allowed the jailing of a 13-year-old boy for disrupting school. Goldstone later remarked that he was constrained by

984-441: A framework of racist and unequal laws aimed at repressing the rights of non-whites, the country had retained the underlying structure and principles of Anglo-Dutch common law . According to Davis & Le Roux (2009), a group of liberal judges that included Goldstone, Gerald Friedman , Ray Leon , Johann Kriegler , John Milne and Lourens Ackermann sought to read the apartheid legislation "as narrowly as possible to give effect to

1107-619: A government-appointed investigator." He condemned the police for a breakdown in discipline and recommended that a number of individual police officers be prosecuted. Nine policemen were subsequently charged with murder. To aid the transition to multiracial democracy, the South African government established a Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation in October 1991 to investigate human rights abuses committed by

1230-460: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

1353-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

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1476-489: A judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

1599-537: A large degree on that pursued by the prosecutors at the Nuremberg Tribunal of 1945–46. He served as the chief prosecutor of the two tribunals until September 1996. Among his most notable legal achievements as chief prosecutor was securing the recognition of rape as a war crime under the Geneva Convention . Goldstone was hindered by the inflexible bureaucracy of the UN, finding the newly established ICTY in

1722-713: A lecture entitled "Preventing Deadly Conflict" at the University of San Diego's Joan B. Kroc Institute for Peace & Justice Distinguished Lecture Series. He was a Global Visiting Professor of Law at New York University School of Law in spring 2004, and in the fall, he was the William Hughes Mulligan Visiting Professor at Fordham University School of Law . In spring 2005, he was the Henry Shattuck Visiting Professor Law at Harvard Law School. Goldstone participated as guest faculty in

1845-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

1968-676: A new indictment of the Bosnian Serb president Radovan Karadžić and his army chief Ratko Mladić for the Srebrenica massacre , which was issued two weeks into the peace talks at Dayton. He lobbied President Bill Clinton to resist any such demands and made it clear that an amnesty would not be a legal basis for the ICTY to suspend indictments. In the end, no amnesty was included in the Dayton Agreement. Goldstone's actions were later credited with making

2091-678: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

2214-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

2337-599: A pariah." However, the offer put Mandela in a difficult spot. He wanted Goldstone, who was one of the few South African jurists to have earned the respect of both blacks and whites, for South Africa's newly established Constitutional Court. Mandela struck a deal with the UN Secretary-General , Boutros Boutros-Ghali , that Goldstone would serve only half of his four-year term as prosecutor and would then return to take up his post in South Africa. The president rushed through

2460-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

2583-460: A prosecutor before. He owed his appointment to the Italian chief judge of the ICTY, Antonio Cassese . There had been lengthy wrangling between UN member states about whom to appoint as a prosecutor and none of the candidates proposed so far had been accepted. The French national counsel, Roger Errera, suggested Goldstone, commenting that "if he is Jewish, that goes down well. Everyone suspects everyone in

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2706-588: A recently imposed state of emergency under which the government had given itself draconian police powers. Another important ruling against the state in 1988 resulted in the release of a detainee who had not been advised by the police that he was entitled to a lawyer. In 1989, Goldstone became the first South African judge under apartheid to take on a black law clerk, an African-American Yale Law student named Vernon Grigg. Goldstone also used his judicial prerogatives to visit thousands of people who had been imprisoned without trial, including some who later became members of

2829-657: A series of political campaigns run by NUSAS, including the 1974 campaign to release all political prisoners, a campaign on the history of opposition politics, the Wages Commissions, as well as support for Black Consciousness and the Freedom Charter . The state alleged that the five accused had entered into a conspiracy to further the objectives of communism and aims of the African National Congress and South Africa Communist Party. The prosecution relied on

2952-401: A shambles when he joined the tribunal. The tribunal lacked political legitimacy, financial support and prosecutorial direction; its failure to even bring any prosecutions had led to it being criticised by the media as "a fig leaf for inaction", and Goldstone was asked by the former British prime minister Edward Heath : "Why did you accept such a ridiculous job?" He had to make repeated appeals to

3075-489: A sound and impeccably impartial lawyer coupled with his genuine concern for social justice have invested him, across the political spectrum, with a degree of legitimacy that is probably unequalled in South Africa today." From July 1994 to October 2003, Goldstone was a judge in the Constitutional Court of South Africa , which was newly established under the post-apartheid Interim Constitution . Justice Albie Sachs described Goldstone as representing "a sense of continuity" between

3198-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

3321-513: A wise decision." At university, he became involved in anti-apartheid activism , inspired partly by his parents' opposition to racial discrimination. As chairman of the university's student representative council and president of the National Union of South African Students , he campaigned against the exclusion of black students. He also attracted attention from the state security police by having contact with banned anti-apartheid groups, including

3444-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

3567-462: Is considered to be one of several liberal judges who issued key rulings that undermined apartheid from within the system by tempering the worst effects of the country's racial laws. Among other important rulings, Goldstone made the Group Areas Act – under which non-whites were banned from living in "whites only" areas – virtually unworkable by restricting evictions. As a result, prosecutions under

3690-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

3813-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

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3936-462: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

4059-590: The African National Congress . After his graduation, Goldstone was admitted to the Johannesburg Bar in 1963. He practised corporate and intellectual property law as a barrister in Johannesburg for 17 years, establishing a practice that was "100 percent commercial". He was appointed as Senior Counsel in 1976. In 1980, Goldstone was appointed as a judge of the Transvaal Provincial Division of

4182-810: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

4305-752: The Independent Inquiry Committee , chaired by Paul Volcker , to investigate the Iraq Oil for Food program. During the Gaza War between Israel and Hamas in December 2008 – January 2009, the UN Human Rights Council (UNHRC) passed a resolution condemning Israel for "grave violations" of human rights and calling for an independent international investigation. The UNHRC appointed a four-person team, headed by Goldstone, to investigate "all violations of international human rights law and international humanitarian law that might have been committed at any time in

4428-527: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

4551-412: The Supreme Court of South Africa . At the time of his appointment he was the youngest Supreme Court judge in the country. He served in the Supreme Court for 14 years, gaining promotion to the Appellate Division in 1989. Goldstone later said that his nomination to the bench created a "moral dilemma", insofar as South African judges were expected to uphold apartheid legislation , but that, "the approach

4674-866: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

4797-540: The Whitney R. Harris World Law Institute 's International Council. Judge The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of

4920-601: The negotiation process that was to lead to the end of apartheid in 1994. At the time, South Africa was plagued by regular massacres as members of the African National Congress (ANC) and the Inkatha Freedom Party (IFP) fought for dominance. The police and security forces often reacted to demonstrations with indiscriminate force, and the ANC claimed that a hypothesised " Third Force " was engaged in covert destabilisation. The violence caused serious problems in building trust between

5043-715: The Commission of Enquiry into the Activities of Nazism in Argentina (CEANA) which was established in 1997 to identify Nazi war criminals who had emigrated to Argentina, and transferred victim assets (Nazi gold) there. Goldstone was chair of the Independent International Commission on Kosovo from August 1999 until December 2001. In April 2004, he was appointed by Kofi Annan , the UN Secretary General, to

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5166-614: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

5289-477: The English language universities ( Witwatersrand , University of Cape Town (UCT) , Rhodes and University of Natal ) remained affiliated to NUSAS, which by the mid-1970s was the strongest body of white resistance to apartheid. NUSAS backed the African National Congress (ANC) in their campaign against repression, and adopted the Freedom Charter and involved its members in non-racial political projects in education,

5412-765: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

5535-636: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

5658-616: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

5781-630: The ICTY in future. When he retired from the Office of the Prosecutor in 1996, Goldstone was replaced by the distinguished Canadian lawyer Louise Arbour . His contribution was praised by colleagues at the ICTY: "Goldstone was absolutely right for his time because he came with moral clout from South Africa and his own particular status as a champion of human rights." He was a member of the International Panel of

5904-629: The Middle East, and my deep concern for victims in all sides in the Middle East." Goldstone insisted that he would not follow a one-sided mandate but would investigate any abuses committed by either side during the conflict. He said that he had initially not been willing to take on the mission unless the mandate was expanded to cover all sides. Despite then-president of the Human Rights Council, Ambassador Martin Uhomoibhi's verbal commitment that there

6027-560: The Oxford-George Washington International Human Rights Program in 2005. Goldstone was named the 2007 Weissberg Distinguished Professor of International Studies at Beloit College , in Beloit, Wisconsin. From 17 to 28 January 2007 he visited classes, worked with faculty and students, participated in panel discussions on human rights and transitional justice with leading figures in the field and delivered

6150-793: The Rehabilitation of Offenders (NICRO), a body established to look after prisoners who had been released; chairperson of the Bradlow Foundation, a charitable educational trust; and head of the board of the Human Rights Institute of South Africa (HURISA). In March 1996, Goldstone was named chancellor of the University of the Witwatersrand in Johannesburg. He served for two terms, stepping down in September 2006. In October 2003, Goldstone gave

6273-460: The Russians and Chinese. The UN Security Council unanimously approved his appointment to the rôle of prosecutor. In his roles at the ICTY and ICTR he had to design prosecutorial strategies for both those ground-breaking tribunals, from scratch. In doing so, he sought to be scrupulously even-handed – a goal he was more easily able to achieve at ICTY than at ICTR. He built his strategy at both courts to

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6396-612: The UN Human Rights Council. On 16 October 2009, UN Human Rights Council voted in support of the Goldstone Report where twenty-five member nations voted in favour of the resolution endorsing the report, six voted against endorsement while another eleven remained impartial. Goldstone has criticised the United Nations Human Rights Council's selective endorsement of the report his commission compiled, since

6519-447: The UN's hierarchy and to donor nations for the equipment and funding that the tribunal needed to operate. He quickly found that the key to the job was to take "[the] big-picture diplomatic role and [recognise] that the hands-on prosecution work could be pushed down to experienced prosecutors and investigators like [Graham] Blewitt – at least for the time being." He undertook a flurry of media appearances and financial negotiations that led to

6642-537: The UNHRC "repeatedly rush to pass condemnatory resolutions in the face of alleged violations of human rights law by Israel but ... have failed to take similar action in the face of even more serious violations by other States. Until the Gaza Report they failed to condemn the firing of rockets and mortars at Israeli civilian centers." The report, released on 15 September 2009, concluded that both sides had committed violations of

6765-624: The United Nations International Criminal Tribunal for the former Yugoslavia and for Rwanda from August 1994 to September 1996. He prosecuted a number of key war crimes suspects, notably the Bosnian Serb political and military leaders, Radovan Karadžić and Ratko Mladić . On his return to South Africa he took up a seat on the newly established Constitutional Court of South Africa , to which he had been nominated by President Nelson Mandela . In 2009, Goldstone led

6888-793: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

7011-424: The act virtually ceased. During the transition from apartheid to multiracial democracy in the early 1990s, he headed the influential Goldstone Commission investigations into political violence in South Africa between 1991 and 1994. Goldstone's work enabled multi-party negotiations to remain on course despite repeated outbreaks of violence, and his willingness to criticise all sides led to him being dubbed "perhaps

7134-412: The annual Weissberg Lecture, "South Africa's Transition to Democracy: The Role of the Constitutional Court" on 24 January at the Moore Lounge in Pearsons Hall. In Fall 2007 he was the William Hughes Mulligan Professor of International Law at Fordham University School of Law, and held that position again in Fall 2009. Fordham Law presented him with a Doctor of Laws, honoris causa , in 2007, the highest honor

7257-435: The arts and trade union spheres. This confronted Apartheid on the streets and in both the local and international media, infuriating the Nationalist Party Government who cracked down on the rising student revolt on several fronts in the mid-1970s. By the early 1990s South African students began to see the need to consolidate their efforts to finally rid South Africa of racist controls and to re-focus on education issues. NUSAS

7380-439: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

7503-535: The breakaway in 1969, of black student leaders, led by Steve Biko and others, to form the South African Students' Organisation (SASO), a Black Consciousness Movement student grouping. The SASO break-away instigated a re-examination of NUSAS' political ideology and its role in the struggle against apartheid . In the early 1970s, NUSAS increasingly became informed by Western Marxist ideas. It turned to organising workers through its Student Wages Commission programme with an initial mandate to run an "investigation into

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7626-404: The commission had hindered its ability to gather exculpatory facts, he approved Israel's subsequent internal investigations into incidents described in the report as well as their establishment of policies to better protect civilians in future conflicts. He contrasted the Israeli reaction with the failure of Hamas to investigate or modify their methods and procedures. Goldstone said he had hoped that

7749-441: The commission's inquiry "would begin a new era of evenhandedness at the U.N. Human Rights Council, whose history of bias against Israel cannot be doubted". In addition, according to a report in Haaretz , Goldstone told associates in early 2011 that "he has been in great distress and under duress" ever since publication of his report. Goldstone served as the founding national president of the National Institute of Crime Prevention and

7872-646: The commitment to non-racialism after a period of indecision. Early presidents of the organisation included Phillip Tobias elected in 1948, who presided over the organisation's first anti-apartheid campaign. The effort was mounted to resist the racial segregation of South African universities. Ian Robertson, president in 1966, invited Senator Robert F. Kennedy to address South African Students. Other presidents included, John Didcott , Neville Rubin, Adrian Leftwich , Jonty Driver , Margaret H. Marshall , John Daniel, Paul Pretorius, Charles Nupen, Neville Curtis , Andrew Boraine , and Auret van Heerden. Several leaders of

7995-455: The context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after." According to a Reuters report Goldstone said he had spent many days and "sleepless nights" deciding whether to accept the mandate, saying that it had come as "quite a shock". He continued, "I can approach the daunting task I have accepted in an even-handed and impartial manner and give it

8118-423: The country's various political factions. Its members were chosen by consensus among the three main parties. Goldstone had by now become reputed as an impartial and unimpeachable judge, and was asked by ANC chairman Nelson Mandela to head the commission; it became known as the Goldstone Commission . Goldstone explained later that he had been selected because he had earned the confidence of both sides: "The government

8241-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

8364-401: The effects of South Africa's apartheid laws. He sought to retain his independence, refusing to kowtow to the authorities. As Reinhard Zimmermann puts it, Goldstone "emerged as one of the leading 'liberal' judges who never showed any propensity towards the then prevailing executive-mindedness". His judicial approach was influenced by the fact that although the ruling National Party had built up

8487-620: The establishment of the Truth and Reconciliation Commission in 1995, a body that he strongly supported. Its chairman, Archbishop Desmond Tutu , commented that Goldstone had made an "indispensable" contribution to the peaceful democratic transition in South Africa. The commission's final report was strongly critical of the apartheid-era legal system but commended the role of a few judges, including Goldstone, who "exercised their judicial discretion in favour of justice and liberty wherever proper and possible". It noted that although they were few in number, such figures were "influential enough to be part of

8610-421: The fact that all sides had "dirty hands". Nonetheless, his impartiality and willingness to speak out led to him becoming, as the Christian Science Monitor put it in 1993, "arguably the most indispensable arbitrator in South Africa's turbulent transition to democracy." He became a household name and was voted the top newsmaker of 1992 in a South African poll, well ahead of either de Klerk or Mandela. His character

8733-514: The first chief prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was established by a resolution of the UN Security Council in 1993. When the Security Council established the International Criminal Tribunal for Rwanda (ICTR) in late 1994, he became its chief prosecutor, too. His appointment to the tribunals came as something of a surprise, even to Goldstone himself, as he had only limited experience of international law and Yugoslavian affairs and had never been

8856-434: The former Yugoslavia. So it's better that he is neither Catholic, nor Orthodox, nor Muslim." Goldstone was approached by Cassese and expressed an interest in the position. President Mandela supported his wish to take up the position at The Hague, as Goldstone later recalled: "He certainly encouraged me. He thought it was important to take what was the first offer of a major international position after South Africa ceased to be

8979-434: The former Yugoslavia. Some commentators had advocated including an amnesty as the price for peace; Goldstone was resolutely opposed to this, not only because it would enable those responsible for atrocities to escape justice but also because of the dangerous precedent it could set, where powerful actors such as the United States could bargain away the ICTY's mandate for political convenience. In response, Goldstone pushed through

9102-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

9225-631: The initiation of 16 prosecutions. It had no judicial powers and could not issue binding regulations but had to establish its legitimacy through its reports and recommendations. It soon gained a reputation for even handedness, criticising all sides in often trenchant terms. The rivalry between the ANC and IFP was blamed for being "the primary cause" of violence and Goldstone urged both sides to "abandon violence and intimidation as political weapons". The government's security forces were found to have been involved in numerous abuses of human rights, though Goldstone rejected Nelson Mandela's claims that President de Klerk

9348-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

9471-604: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. National Union of South African Students The National Union of South African Students ( NUSAS )

9594-569: The law, that "the emergency regulations covered the situation." The laws and regulations also included the death penalty for certain crimes such as murders committed without any extenuating circumstances; although Goldstone was personally opposed to the death penalty, he was nonetheless required to pass death sentences on two convicted murderers. His reluctance to impose death penalties prompted criticism from judges who were in favour of capital punishment. Another Transvaal Supreme Court judge, D. Curlewis, commented in 1991 that "a person who deserves to hang

9717-478: The laws and give judgments which will make them less harsh and less unjust." Being a judge in apartheid-era South Africa was a challenge, but it had its rewards; "I hated in the morning the thought of having to do this for another day, [but] by the end of the day, I was exhilarated at the reaction and how important the work was." Goldstone's career as a judge was characterised by bold acts of judicial activism that soon attracted national and international interest. He

9840-401: The laws of war. It stated that Israel had used disproportionate force, targeted Palestinian civilians, used them as human shields and destroyed civilian infrastructure. Hamas and other armed Palestinian groups were found to have deliberately targeted Israeli civilians and sought to spread terror in southern Israel by mounting indiscriminate rocket attacks. The report's conclusions were endorsed by

9963-581: The light of investigations by the Israeli forces which indicated that they had not intentionally targeted civilians as a matter of policy, Goldstone wrote that if evidence which had been available later had been available at the time, the Goldstone Report would have been a different document. Goldstone was born on 26 October 1938 in Boksburg near Johannesburg in South Africa's Transvaal Province . His parents were second-generation immigrants: his maternal grandfather

10086-402: The most trusted man, certainly the most trusted member of the white establishment" in South Africa. He was credited with playing an indispensable role in the transition and became a well known public figure in South Africa, attracting widespread international support and interest. Goldstone's work investigating violence led directly to his being nominated to serve as the first chief prosecutor of

10209-487: The negotiations a success. The chief US negotiator, Richard Holbrooke , described the tribunal as "a huge valuable tool" which had enabled Karadžić and Mladić to be excluded from the talks, with the Serbian side represented instead by the more conciliatory Milosević. The Dayton Agreement put direct responsibility on all sides to send suspects to The Hague, committing the Serbian, Bosnian and Croatian governments to cooperating with

10332-478: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

10455-487: The organization were arrested, imprisoned, deported, or banned. Though the organisation stood for non-violence in its opposition to Apartheid, some former senior members were associated with the first violent anti-apartheid resistance group, the African Resistance Movement . Despite its liberal resistance to racially separate organisations in the 1960s, its members, and in particular its leadership, supported

10578-506: The parties. The negotiations broke down soon after they started due to a mass shooting at Sebokeng township near Johannesburg in March 1990, in which 281 demonstrators were shot and 11 killed by South African police. After pressure from the ANC, de Klerk appointed Goldstone to investigate the incident. His report was published in September 1990 and was described at the time as "one of the strongest indictments of South Africa's police ever made by

10701-465: The point of view of the practitioner trying to run human rights cases and public-interest cases, we prayed for a Goldstone or a [John] Didcott on the bench. That was our dream." In 1985, Goldstone ruled that the government's mass sacking of 1,700 black staff at Baragwanath Hospital in Soweto had been illegal. The following year, he was the first judge to free a political prisoner who had been detained under

10824-561: The post-apartheid South African government. Although he could do little to free them, his visits served to reassure the prisoners – and serve notice to the prison administration – that someone in a position of power was taking an active interest in their well-being. Few white judges at the time enjoyed the trust and respect of the black majority; Goldstone became a notable exception. Some of South Africa's laws and emergency regulations mandated particular penalties which judges had no discretion to modify. South Africa's whites-only parliament pursued

10947-784: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

11070-503: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

11193-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

11316-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

11439-427: The reason why the ideal of a constitutional democracy as the favoured form of government for a future South Africa continued to burn brightly throughout the darkness of the apartheid era." The Commission found that "the alleviation of suffering achieved by such lawyers substantially outweighed the admitted harm done by their participation in the system." Reinhard Zimmermann commented in 1995 that "Goldstone's reputation as

11562-467: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

11685-488: The report. Goldstone denied the accusations, saying he felt that being a Jew increased his obligation to participate in the investigation. In a 1 April 2011 article in the Washington Post reflecting on the commission's work, Goldstone wrote that the report would have been different if he had been aware of information that had become known since its issuance. While expressing regret that Israel's failure to co-operate with

11808-475: The resolution adopted chastises Israel only, when the report itself is critical of both parties. The Israeli government and some Jewish groups strongly criticised the report, which they asserted was biased and commissioned by a UN body that was hostile to Israel. Hamas also dismissed the findings that it had committed war crimes. Goldstone himself came under sustained personal attack, with critics accusing him of bias, dishonesty and improper motives in being party to

11931-594: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

12054-487: The same attention that I have to situations in my own country," where his experience had been that "transparent, public investigations are very important, important particularly for the victims because it brings acknowledgement of what happened to them." He explained that he had long "taken a deep interest in Israel, in what happens in Israel, and I have been associated with organisations that have worked in Israel" and "decided to accept it because of my deep concern for peace in

12177-603: The school can bestow. Goldstone also was the Woodrow Wilson Visiting Scholar in Political Science at Washington & Jefferson College in 2009. He also continues as a member of the board of directors of the Salzburg Global Seminar . Goldstone serves as a trustee for Link-SA, a charity which funds the tertiary education of South Africans from impoverished backgrounds. He is currently a member of

12300-447: The testimony from Bartholomew Hlapane, a former ANC and Communist Party member who had turned state witness. It was unclear why he was called so the defence team, led by Arthur Chaskalson , applied for permission to consult with three ANC leaders serving sentences on Robben Island, Nelson Mandela , Walter Sisulu , and Govan Mbeki . George Bizos , also on the defence team, met with the prisoners and learned not only that they knew about

12423-404: The traditions of the past that managed to survive the years of apartheid, and the whole new era of the constitution that governs South Africa today. Notable judgments written by Goldstone included three important decisions on unfair discrimination and the right to equality : President v Hugo , Harksen v Lane , and J v Director-General, Home Affairs . In August 1994, Goldstone was named as

12546-460: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

12669-428: The trial but were willing to testify for the defence to rebut Hlapane's evidence. In the event, the defence team decided not to call the political prisoners to testify because it would raise the profile of the trial and risk the magistrate becoming hostile towards the accused. In a verdict delivered over two days in December 1976 the five accused were found not guilty on the basis that the state had failed to establish

12792-492: The tribunal being properly staffed for the first time, with many staff being recruited through his own personal networks; a budget of eight million dollars from thirteen countries, supplemented by a $ 300,000 donation from George Soros ; and the first indictment, of Bosnian Serb prison camp guard Duško Tadić . Another problem Goldstone faced was the reluctance of NATO peacekeeping forces in Bosnia to apprehend war crimes suspects. He

12915-470: The troubled Natal region. He also succeeded in persuading the government to accept an international rôle in the transition – which it had previously strongly opposed – as well as forcing it to undertake a major restructuring of the security forces and purging subversive elements in the military. According to Goldstone, the commission's work helped to calm South Africa during the transition period. He regarded it as "a vitally important safety valve" that provided

13038-447: The values of the common law". This philosophy led Goldstone to issue rulings that undermined key aspects of the apartheid system. One of his most significant rulings concerned the Group Areas Act that mandated the eviction of non-whites from areas reserved for whites. His ruling in the case of S v Govender in 1982 that evictions of non-whites were not automatically required by the Act led to

13161-470: The virtual cessation of such evictions. Following the judgement it became so difficult to evict non-whites from whites-only areas that the system of housing segregation began to break down. Prosecutions under the Act fell from 893 between 1978–1981 to only one in 1983. Geoffrey Budlender, former director of the anti-apartheid Legal Resources Centre , commented of Goldstone's decision in the Govender case that "it

13284-446: The wages and working conditions of unskilled black university staff" and later to begin organising workers into trade unions. This work is argued to have sparked the emergence of black trade unionism in South Africa that went on to play a seminal role in opposition to apartheid in the 1980s. Throughout this time many students at so-called "white" universities who supported the organisation because of its anti-apartheid campaigns. Most of

13407-484: Was English and his paternal grandfather was a Lithuanian Jew who emigrated in the 19th century. He was educated at the King Edward VII School in Johannesburg and read law at the University of the Witwatersrand , graduating in 1962 with a BA LLB cum laude . He later recalled: "My grandfather decided when I was about four [that] I was going to be a barrister , so I just always assumed I was. It turned out to be

13530-421: Was a fine dividing line between applying moral standards and promoting political doctrines, but Goldstone believed that "in my view, if a judge is to err, it should be on the side of defending morality." He took the view that "judges have a duty to act morally, and if they're dealing with laws which have an unjust effect, I think it's their duty – if they can, within the powers they've got legitimately – to interpret

13653-461: Was an alert judge trying to apply human rights standards to a repressive piece of legislation. And it was Goldstone's work; it wasn't our work that stopped the Group Areas prosecutions in the end." Budlender noted that "it was a matter of great debate in the eighties about whether decent people should accept appointments to the bench, because they were enforcing repressive laws," but stated that "[f]rom

13776-620: Was an important force for liberalism and later radicalism in South African student anti-apartheid politics. Its mottos included non-racialism and non-sexism. NUSAS was founded in 1924 under the guidance of Leo Marquard , at a conference at Grey College by members of the Student Representative Councils (SRC) of South African Universities. The union was made up mostly of students from nine white English-language as well as Afrikaans South African universities. Its aim

13899-558: Was aware that I would not make findings against it without good cause, and the majority of South Africans had confidence that I would quote hesitate to make findings against the government if the evidence justified it." He nonetheless received numerous death threats. He continued to work as an appeals court judge throughout his time chairing the commission, hearing cases during the mornings and afternoons and then continuing through to midnight on Commission business. The Commission sat for three years, carrying out 503 investigations that triggered

14022-550: Was bitterly critical of what he called the "highly inappropriate and pusillanimous policy" of Western countries in declining to pursue suspected war criminals, singling out France and the United Kingdom as particular culprits. By the end of his time as prosecutor he had issued 74 indictments but only seven of the accused had been apprehended. Goldstone was instrumental in preventing the Dayton Agreement of December 1995 including amnesty provisions for those accused of war crimes in

14145-432: Was cited by other lawyers as a key asset in making the commission a success; one lawyer commented, "He has the rare ability to straddle both the legal and political worlds. He is a great strategist and combines a deep humanity with a political sensitivity." As well as reporting on political violence, Goldstone proposed practical measures to end the violence in venues such as commuter trains, taxis, mines, township hostels and

14268-440: Was described as "an outstanding commercial lawyer who had shrewdly and inventively applied the law to secure justice in politically controversial and human rights cases." Employing the bench as a means of making ordinary South Africans aware of the iniquities of apartheid, he gained a reputation as a committed, compassionate, legally meticulous and politically astute jurist who championed international human rights and sought to temper

14391-402: Was later to serve alongside Goldstone on the Constitutional Court of South Africa , commented that Goldstone's judicial career demonstrated "that an honest and dignified judge who's sensitive to fundamental human rights of all human beings, even in the most dire circumstances, could find some space for concepts of legality and respect for human dignity." In 1990, President F. W. de Klerk began

14514-738: Was merged with black controlled student movements into a single non-racial progressive student organization, the South African Student Congress (SASCO), in 1991. On 2 July 1991, NUSAS dissolved during with the conclusion of its 67th congress. In 1975, senior NUSAS leaders were arrested under s6 of the Terrorism Act and charged under the Suppression of Communism and Unlawful Organisations Acts. The five accused were Glenn Moss , Charles Nupen, Eddie Webster (a lecturer at Wits University), Cedric de Beer and Karel Tip. The charges related to

14637-446: Was more likely to get the death sentence from me or my ilk" than Goldstone or other liberal judges, who were "at heart abolitionists for one reason or another... Obviously, and for that reason, they cannot be sound on the imposition of the death penalty." During his career as judge, Goldstone sentenced to death 2 black South Africans and was involved in upholding the death sentences of over 20 other black South Africans. Albie Sachs , who

14760-410: Was no objection to the revised mandate, the Human Rights Council never voted to revise the mandate, and resolution S-9/1 remained unchanged. The Israeli government refused to cooperate with the investigation, accusing the UN Human Rights Council of anti-Israel bias and arguing that the report could not possibly be fair. In a 20 January 2011 panel discussion at Stanford University , Goldstone said that

14883-772: Was personally involved and described such suggestions as "unwise, unfair and dangerous". One of Goldstone's most important findings was the revelation in November 1992 that a secret military intelligence unit of the South African Defence Force was working to sabotage the ANC while posing as a legitimate business corporation. The ensuing scandal led to De Klerk purging the army and intelligence services. Goldstone's findings attracted praise and criticism from all sides. Some anti-apartheid activists criticised Goldstone for what they saw as balancing his reports by apportioning blame equally; Goldstone responded that his findings reflected

15006-411: Was that it was better to fight from inside than not at all". On these grounds, he was apparently urged by several anti-apartheid lawyers to accept the appointment. He noted in 1992 that most South African judges "applied such [apartheid] laws without commenting upon their moral turpitude." A number, including Goldstone, were more outspoken – a policy that he felt aided the credibility of the courts. There

15129-493: Was to advance the common interests of students and build unity amongst English and Afrikaans students. Black membership was considered in 1933 when the University of Fort Hare was proposed but rejected. Afrikaans-speaking leaders walked out between 1933 with the Stellenbosch University leaders leaving in 1936. In 1945 the students from "native college" at University of Fort Hare were admitted as members confirming

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