Professor Hugh Thirlway’s legacy lives on in the African Court on Human and Peoples’ Rights

The ILBF receives donations of law texts from across the legal profession—everything from single volumes from students, to complete sets of law reports from retiring judges, and scores of practitioner texts from law firms, chambers, courts, and legal publishers. We value every single donation. It is however very rare for an entire library of books, built up over a long and distinguished legal career, to be donated. This is what happened when the ILBF was immensely fortunate to inherit the personal library of the late Professor Hugh Thirlway.

Professor Hugh Thirlway bequeathed his extensive library, built up over a lifetime’s work as a world renowned and admired international law expert, to the ILBF.

Much has been written about the impact of Hugh Thirlway’s life and work as an international lawyer and civil servant. Former Principal Legal Secretary of the International Court of Justice, Professor of international law and prize-winning author, Hugh wrote extensively on the sources, principles and procedures of international law and dispute settlement. Sadly, Hugh passed away in October 2019.

Completing his final work shortly before he died (H. Thirlway, ‘The Significance of Procedure in the Judicial Settlement of International Disputes’, in J. Gomula and S. Wittich (eds), Research Handbook on International Procedural Law), Hugh continued his scholarly writing until the end, with friends and colleagues expressing disbelief when he announced it might be his last publication[1].

In addition to his professional activity and extensive writing, Hugh’s legacy is in part assured by the characteristically generous donation of his personal law library, comprising over 500 titles, to the ILBF. The ILBF was overwhelmed to receive this gift of such a carefully curated collection of books on a subject of such global relevance and importance.

The books were based at Hugh’s private office in The Hague. Elisabeth Jordan, his partner, and Lorraine Degruson, Coordinator at the United Network of Young Peacebuilders, organised a group of volunteers based in The Hague to pack the books and get them shipped to London late in 2019.

The goal was to find a home for the books where they would be used and appreciated, and above all appropriate and relevant. The ILBF approached the African Court on Human and Peoples’ Rights, based in Arusha, Tanzania, and the Court immediately expressed an interest in the library.

Grace Wakio (Head of Legal Division) at the Library of the African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’ Rights was established under Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. The Court was established jointly by Member States of the African Union, to ensure the protection of fundamental rights in Africa and work towards a vision of Africa with a lasting human rights culture.

The work of the African Court on Human and Peoples’ Rights complements and reinforces the work of the African Commission on Human and Peoples’ Rights. Its mission is to enhance and strengthen human rights protections in Africa, ensuring respect for and compliance with the African Charter on Human and Peoples’ Rights, as well as other international human rights instruments, through judicial decisions.

The Court bases its values and objectives on the African Charter, international legal principles and the promotion of the rule of law[2].

Dr Fidelis Katonga (Librarian), receiving Prof. Thirlway’s books at the Library of the African Court on Human and Peoples’ Rights

Overcoming the challenges of the Covid-19 pandemic, the books were shipped in March 2020 and arrived at the Court in late April 2020 after the overland journey from Dar Ed Salaam to Arusha. Dr Fidelis Katonga, Librarian at the African Court, took great care to ensure that the books were safely received and stored just as the local lockdown started and the Court officials were instructed to work from home as Court sessions from that point were being conducted remotely.

Luckily, despite the ongoing challenges of Covid-19, Dr Fidelis Katonga was able to convene a number of judges and staff in early August 2020 for an official reception of the books at the African Court.

The official reception ceremony for Prof. Thirlway’s donation at the Library of the African Court on Human and Peoples’ Rights

The reception ceremony was presided over by the President of the Court, Hon. Justice Sylvain Oré (Côte d’Ivoire).

Among other staff members of the Court, attendees included:

Hon. Lady Justice Tijulane Chizumila (Malawi)

Hon. Justice Blaise Tchicaya (Republic of Congo)

Registrar of the Court, Dr Robert Eno (Cameroon)

Deputy Registrar, Mr Nouhou Diallo (Burkina Faso)

Head of Legal Division, Ms Grace Wakio (Kenya)

Head of Finance and Administration Division, Ms Nana Rasmata (Burkina Faso)

Librarian, Dr Fidelis Katonga (Tanzania)

Dr Fidelis Katonga (Librarian), Hon. Justice Sylvain Oré, (President of the Court) and Grace Wakio (Head of Legal Division) at the Library of the African Court on Human and Peoples’ Rights

‘The library of Professor Thirlway, which has now been donated to the Court consists of a great collection of books on International Law which was his specialisation, including collections on human rights and related areas. These books will go a long way in helping the users of the library, especially Judges and legal officers, and assist the Court in the effective execution of its mandate.

The African Court is profoundly grateful to Professor Thirlway and his family for this generous gesture.’

Hon. Justice Sylvain Oré, President of the African Court on Human and Peoples’ Rights.

‘Walt Disney once said that there is treasure and wealth in books, as such, the family of Professor Thirlway just shared with us a huge chunk of their inheritance.’

Dr Fidelis Katonga, Librarian at the African Court on Human and Peoples’ Rights.

Professor Thirlway’s invaluable legacy lives on in the Library of the African Court on Human and Peoples’ Rights, where it will provide vital research materials for the lawyers and judges of the Court who are working so hard to ensure the protection of the rule of law and fundamental rights in Africa.

Professor Hugh Thirlway

14 June 1937 – 13 October 2019

[1] Hoss C, Villalpando S, and De Brabandere E (2020). In Memoriam: Professor Hugh W. A. Thirlway (14 June 1937 – 13 October 2019). Leiden Journal of International Law. (2020), pp. 1–8

[2] For more information on the Court’s work, see: https://www.african-court.org/en/