A jurist,
humanitarian, and internationalist, René Samuel
Cassin (October 5, 1887- )* is one
of the world's foremost proponents of the legal as well as the
moral recognition of the rights of man. Neither a pessimist nor
an optimist, the peace laureate, eighty-one years old when
awarded the prize in 1968, confessed that "men are not always
good" but he has based much of his life's work on the premise
that human responses can be constructive if states will transform
the conditions that breed ill will into those that recognize the
dignity of man.
Cassin was born in Bayonne (Basses-Pyrénées), the son
of Gabrielle (Dreyfus) Cassin and Henri Cassin, a merchant.
Having established a record of intellectual brilliance at the
Lycée of Nice, he added to it in his advanced studies at the
University of Aix-en-Provence where, in 1908, he received a
degree in the humanities, along with one in law. He took first
place in the competitive examination given by the Law Faculty and
in 1914 received the doctorate in juridical, economic, and
political sciences.
Cassin has made his career in law as practitioner, professor,
scholar, administrator, and promoter. The legal career which he
began in 1909 in Paris, where he was a counsel at the Court of
Paris, was brought to an end when he was inducted into the
infantry in 1914. Severely wounded in 1916 by German shrapnel, he
survived, but only because his mother, serving as a nurse in the
field hospital to which he had been carried, persuaded the
doctors to perform surgery. Although the injury he sustained was
to give him acute discomfort throughout his life, he recovered,
married Simone Yzombard of Marseilles, and entered upon his
career as a professor of law at Aix late in 1916.
He moved to a professorship in law at Lille in 1920 and in 1929
to the chair of fiscal and civil law at the University of Paris,
where he remained until his retirement from formal teaching in
1960. His teaching career included various scholarly assignments
that took him to other countries. He lectured at the National
School of Overseas Territories; undertook academic missions in
Europe, French Africa, the Middle East, and the Far East;
lectured at the Academy of International Law at The Hague, and at
the University
Institute of Advanced International Studies in Geneva.
Meanwhile, he made extensive contributions to legal scholarship,
writing technical treatises on contracts, inheritance, the
conception of domicile, and the inequality between men and women
in civil legislation; he also published dozens of articles, many
of topical concern, such as those dealing with aspects of human
rights.
Cassin has been an administrator of academic affairs as well. For
the embryonic French government-in-exile during World War II, he
was the commissioner of public instruction. With the liberation
of France in 1945, he became president of the Council of the
National School of Administration [Conseil de l'école
nationale d'administration] and in 1960 president of the French
National Overseas Center of Advanced Studies [Centre national des
hautes-études de la France d'outre-mer].
As a member of the Permanent Conference of Allied Ministers of
Education (1942-1945), he encouraged the retention of instruction
in the French language and the dissemination of French culture
throughout the world. In the next two decades or so, he promoted
education and law by serving as the president of several
organizations - among them, the French branch of the World
Federation of Democratic Jurists (1949), the Society of
Comparative Legislation (1952-1956), the International Institute
of Administrative Sciences (1953-1956), the International
Institute of Diplomatic Studies and Research (1956), and the
French Association for the Development of International Law
(1962-1967).
Cassin has occupied high posts in the judiciaries of France and
Europe. From 1944 to 1960, he was vice-president of the Council
of State, a body which exercises ultimate jurisdiction in cases
involving administrative personnel and administrative law. For
the next ten years he was on the Constitutional Council, a court
which, akin to the American Supreme Court, rules on questions of
the constitutionality of laws passed by the legislature. He was
president of the Court of Arbitration at The Hague from 1950 to
1960 and a member (1959-1965) and president (1965-1968) of the
European Court of Human Rights at Strasbourg.
After World War I, Cassin devised practical outlets for his
humanitarian instincts. In 1918 he founded the French Federation
of Disabled War Veterans (L'Union fédérale des
associations des mutilés et d'anciens combattants) and until
1940 served it in the capacity of president or of honorary
president. To benefit children orphaned by the war, he accepted
the office of vice president of the High Council for Wards of the
Nation [Conseil superieur des pupilles de la nation]. In 1926 he
founded and until the outbreak of World War II was the permanent
reporter for the International Conference of Associations of
Disabled War Veterans [Conference internationale des associations
de mutilés et d'anciens combattants].
Cassin has participated in the political life of his country in
various ways, but not in the usual one of seeking elective office
or of acting as the leader or representative of a political
party. He is a patriot and an internationalist at the same time.
From 1924 to 1938, he was a French delegate to the League of
Nations, serving at the Disarmament Conference and supporting
various moves in the Assembly to advance the formulation and
application of international procedures for reasonable
accommodation of problems arising out of clashing national
interests.
Cassin is said to have been the first civilian to leave Bordeaux
to join General de Gaulle in response to his appeal from London
after the armistice of June, 1940, between Germany and the
capitulating French government. A mainstay for de Gaulle, he
drafted all of the legal texts of his incipient government and
conducted delicate negotiations with Great Britain, including the
Churchill-de Gaulle accord which became the "Charter" of the Free
French forces. He held important positions - among them,
permanent secretary of the Council of Defense of the Empire
(1940-1941), National Commissioner of Justice and Public
Instruction (1941-1943), president of the Juridical Committee of
the Provisional Government (1943-1945) and vice-president of the
Upper House [Haute Assemblée]; he was a delegate to the
United Nations Commission on Inquiry into War Crimes (1943-1945)
and chairman (1944) of the legislative committee for the
Consultative Assembly set up as part of the government-in-exile
in Algiers in 1943.
In the period following World War II, Cassin not only occupied
the judicial posts already mentioned, but also continued the
international work he had begun in the League of Nations. On five
occasions - 1946, 1948, 1950, 1951, 1968 - he was a French
delegate to the Assembly of the United Nations, and for many years between
1945 and 1960 a delegate to the UNESCO conferences.
In his work on human rights, Cassin fused his legal knowledge,
his humanitarian instinct, and his belief in internationalism. He
was a member of the United Nations Commission on Human Rights
from its creation in 1946; vice-chairman from 1946 to 1955, a
period which included Eleanor Roosevelt's chairmanship
(1946-1953); chairman from 1955 to 1957; and again vice-chairman
in 1959. The workhorse of the Commission, he was the one most
responsible for the draft of the Declaration of Human Rights approved by the General
Assembly on December 10, 1948.1
In a series of lectures delivered in 1951 at The Hague Academy of
international Law,2 Cassin
provides a thorough discussion of the Declaration and of the
early problems of drafting the Covenants: he analyzes the
pertinent clauses in the Charter of the UN, the mandate of the
Commission, the preparation and acceptance of the Declaration; he
then provides a lawyer's insight into definition of the rights,
the limitations imposed, the problems of enforcing the proposed
Covenants, measures needed for the examination of possible
complaints, and procedures required for international
surveillance and constructive control. In an article written to
mark the International Human Rights Year of 1968, Cassin
concludes with a simple admonition: "Now that we possess an
instrument capable of lifting or easing the burden of oppression
and injustice in the world, we must learn to use it".3
Selected Bibliography
Cassin, René, La Conception des droits de l'etat dans les
successions d'apres le code civil suisse. Paris, Sirey,
1914.
Cassin, Rene, Le Contentieux des victimes de la guerre: Etude
de la jurisprudence concernant les pensions de guerre et
l'adoption des pupilles (1924-1925)., Paris, n.d.
Cassin, René, "La Declaration universelle et la mise en
oeuvre des droits de l'homme", in Académie de droit
international de La Haye: Recueil des cours. Tome 2 en
1951, pp. 239-367. Tome 79 de la Collection. Paris, Sirey, 1952.
Contains a brief biographical notice and a bibliography.
Cassin, René, Pour la défense de la paix. Paris,
1936.
Cassin, René, "18 [i.e. Dix-huit] mois de France
libre". Conference prononcée le 14 janvier 1942 a Beyrouth
au cercle de L'Union française. 1942. In Harvard University
Library.
Cassin, René, "L'etat Léviathan Contre l'homme et la
communauteé humaine", Noveaux Cathiers (avril
1940).
Cassin, René, " How the Charter on Human Rights Was Born ",
UNESCO Courier, 21 (January, 1968) 4-6.
Cassin, Réne, L'Inégalité entre l'homme et la
femme dans la législation civile. Marseille, Barlatier,
1919.
Cassin, Réne, "La Nouvelle Conception du domicile dans le
réglement des conflicts de lois " in Academie de droit
international de La Haye: Recueil des cours. Tome 4 en
1930, pp. 657-809. Tome 34 de la Collection. Paris, Sirey,
1931.
Cassin, Réne, "Le Réveil de l'empire français."
Conférence faite a l'lnstitut français du Royaume-Uni a
Londres, le 15 janvier 1941. [London?, 1941?]
de Gaulle, Charles, The Complete War Memoirs of Charles de
Gaulle, translated from the French by Jonathan Griffin. New
York, Simon & Schuster, 1964.
Dictionnaire biographique francais contemporain,
1950.
The New York Times (October 10, 1968) 1, 14.
Nouveau dictionnaire national des contemporains.
Troisième édition, 1964.
The (London) Times (October 10, 1968) 8.
1. Both the
Nobel lecture and the presentation speech contain details of the
drafting and adoption of the Declaration.
2. Cassin, Declaration
universelle et la mise en ocuvre des droits de l'homme.
3. Cassin, How the Charter on
Human Rights Was Born., p. 6 (January, 1968) 4-6.
From Nobel Lectures, Peace 1951-1970, Editor Frederick W. Haberman, Elsevier Publishing Company, Amsterdam, 1972
This autobiography/biography was first published in the book series Les Prix Nobel. It was later edited and republished in Nobel Lectures. To cite this document, always state the source as shown above.
René Cassin died on February 20, 1976.
Copyright © The Nobel Foundation 1968