James Crawford has been described as “Probably Australia’s greatest international lawyer of all time” (SMH, 16 June 2021). James Crawford died on 31 May 2021. But perhaps he still has something to contribute to the major controversy facing today’s world: Palestine.

Why should I be aware of someone by the name of James Crawford, you ask yourself? Readers will be critically aware of the importance of the ICJ in today’s world – particularly in light of the two outstanding judgments, being the South African claim re genocide, and the advisory opinion on the legal consequences of Israel’s occupation of the Palestinian territories: International law and Israel’s occupation: Understanding the ICJ advisory opinion case, March 7, 2024.

James Crawford has been described as “Probably Australia’s greatest international lawyer of all time”: Sydney Morning Herald, 16 June 2021. James Crawford died on 31 May 2021. But perhaps he still has something to contribute to the major controversy facing today’s world – Palestine.

Let me commence with a short bio. James Crawford entered Adelaide Law School in 1966, graduating with first class honours in 1971. I had the honour of being his junior in the end-of-year moot in 1968. He went on to do a PhD at Oxford, awarded in 1976. It was not the end of his academic career. In 2003, he was awarded a doctor of laws at Cambridge.

In the meantime, he developed a practice as an international lawyer. One of his more significant, and highly relevant successful cases, was the 2004 ICJ decision appertaining to the legality of Israel’s controversial separation barrier in the occupied territories. The precise title of the case was Legal Consequences of the construction of a Wall in the Occupied Palestinian Territory. Crawford appeared for Palestine.

In 2015 he was elected a judge of the ICJ and continued in that position until his death. There have only been two other Australians on the Court – Sir Percy Spender from 1964 to 1967, and Hilary Charlesworth, appointed in November 2021 and still on the Court.

Well, how might James Crawford contribute to the current debate? James Crawford published his major work, The Creation of States in International Law, in 1979. The Second Edition was published by Clarendon Press, Oxford, in 2007. The book offers an extensive coverage of the topic, addressing in detail the issues of criteria for statehood, the conditions for same........

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