SCHUCKING, WALTHER
Publié le 22/02/2012
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SCHUCKING, WALTHER (1875–1935), jurist, politician, and professor; a
pacifist who served on The Hague's International Court of Justice. Born in
Mu¨nster, he was raised in a family of scholars and took a doctorate in 1899 in
international law and German legal history. He was named Privatdozent in 1900
at Breslau (now Poland's* Wroclaw) and was appointed ordentlicher Professor
in 1903 at Marburg. Already a pacifist before World War I (and an advocate
for Polish rights), he taught international law at Marburg until 1921 and then
joined Berlin's* Handelshochschule. He directed Kiel's Institute for International
Law from 1926 until the NSDAP forced his retirement in 1933.
Opposed to the legal positivism common before the war, Schu¨cking applied
ethical and social factors to international law. But while numerous antipositivists,
especially in the Weimar years, embraced authoritarianism, he believed that
international understanding could only be realized through the democratization
of the political process. In 1918, soon after publishing Die vo¨lkerrechtliche
Lehre des Weltkrieges (The lesson of international law in the World War), he
became chairman of the Reich Commission for the Examination of International
Legal Complaints in the treatment of German war prisoners. A founder of the
DDP and elected to the National Assembly,* he joined the peace delegation that
traveled to France in April 1919. Repelled by the Versailles Treaty,* he surprised
leftist friends by denouncing the settlement as a mockery of international
justice.* In May 1921, however, he advised compliance with the terms of the
London Ultimatum (see Reparations).
Schu¨cking returned to the Reichstag* in June 1920 and held his mandate until
1928. In 1930 he went to The Hague as a delegate to the Conference for the
Codification of International Law; later that year he became a judge on the
International Court and retained the office until his death.
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