Joan E. Donoghue (born December 12, 1956) is an American lawyer, international legal scholar, former U.S. State Department official, and former president of the International Court of Justice (ICJ). She was first elected to the court in 2010, re-elected in 2014, and elected by the ICJ judges to be president of the ICJ in 2021.[1][2][3] She was the third woman to be elected to the ICJ and the first American woman elected as president of the court.
In the 1980s, Donoghue acted as an attorney-advisor for the U.S. in Nicaragua v. United States.[4] She was the general counsel of Freddie Mac from 2003 to 2005, and served as Principal Deputy Legal Adviser at the United States State Department from 2007 to 2010,[3] including as State Department Acting Legal Adviser in 2009.[5] She previously served as the Office of the Legal Adviser's Deputy Legal Adviser (2000–2001) Assistant Legal Adviser for Economic and Business Affairs (1994–1999); African Affairs (1993–1994); and Oceans, Environment, and Science (1989–1991).[6] She also served as deputy general counsel of the U.S. Treasury Department, overseeing all aspects of the department's work, including international financial institutions.[6]
International Court of Justice
Donoghue was elected to the ICJ on September 9, 2010, to fill the place left vacant by the resignation of Thomas Buergenthal. Pursuant to the Statute of the International Court of Justice, Donoghue completed the remainder of the nine-year term for which Buergenthal had been elected, which expired on February 5, 2015.[2]
Donoghue's name had been the only nomination for this ICJ vacancy received by the secretary-general within the specified time.[7] In the General Assembly, Donoghue received 159 votes out of 167 valid ballots with 8 abstentions.[8] In the Security Council, she received all 15 votes.[1] Donoghue was sworn in as a member of the ICJ on September 13, 2010.[9]
I consider that the Advisory Opinion has the effect of circumventing the absence of United Kingdom consent to judicial settlement of the bilateral dispute between the United Kingdom and Mauritius regarding sovereignty over the Chagos Archipelago and thus undermines the integrity of the Court’s judicial function. For this reason, I believe that the Court should have exercised its discretion to decline to give the Advisory Opinion.[14][15]
Donoghue was elected 26th president of the court on February 8, 2021, succeeding Abdulqawi Yusuf, for a term of three years. She is the second woman to hold the post (alongside Rosalyn Higgins) and third American (alongside Stephen Schwebel and Green Hackworth).[16]
On January 26, 2024, Donoghue delivered an interim ruling on South Africa v. Israel on behalf of the ICJ. On February 4, Nawaf Salam was elected as her successor for President of the ICJ.[17]