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Sarah Cleveland


Sarah Hull Cleveland (born September 4, 1965) is an American legal scholar and international judge serving as a judge on the International Court of Justice (ICJ) since February 6, 2024. She is the Louis Henkin Professor of Human and Constitutional Rights at Columbia Law School, where she has held a faculty position since 2007 and co-directs the Human Rights Institute, specializing in international law, U.S. foreign relations law, human rights, and national security. Cleveland's career includes clerkships with U.S. Supreme Court Justice Harry Blackmun and federal district judge Louis F. Oberdorfer, prior teaching roles at the University of Texas School of Law, Harvard Law School, and others, and advisory positions at the U.S. Department of State, such as Counselor on International Law from 2009 to 2011. Elected to the ICJ by the United Nations General Assembly and Security Council in November 2023 for a nine-year term, she previously served as Vice-Chair of the United Nations Human Rights Committee from 2015 to 2018, during which she contributed to General Comment No. 36 interpreting the International Covenant on Civil and Political Rights to encompass protections against arbitrary denials of access to abortion and other reproductive health services. Her 2021 nomination by President Joe Biden to serve as Legal Adviser of the Department of State was not confirmed by the Senate amid opposition from pro-life advocates citing her advocacy for expansive international human rights interpretations on abortion.

Early Life and Education

Family Background and Upbringing

Sarah Cleveland was born on September 4, 1965, in Her father, Melford Cleveland, began his career as a to U.S. Justice before serving in the U.S. State Department's Office of the Legal Adviser and spending 20 years at the Department of Justice, from which he retired as an for the . Her mother, Marcia Cleveland, danced professionally with the National Ballet in Washington. Cleveland was raised in a family with extensive involvement in across national, state, and levels, a tradition that her relatives exemplified through various roles in administration and advocacy. Among her forebears, her great-grandfather held the position of Speaker of the , while her grandmother worked as a teacher and campaigned for among Black Americans in the years immediately following . This familial emphasis on governmental and fostered her early commitment to .

Academic Training and Influences

Sarah Cleveland earned an A.B. with honors, magna cum laude, from in 1987, where she pursued an independent concentration and was elected to Junior . As a Rhodes Scholar from 1987 to 1989, she obtained an M.St. in British Imperial and Commonwealth History from Lincoln College, , in 1989, providing foundational exposure to historical dimensions of and . Cleveland received her J.D. from in 1992, serving as Senior Editor of the Yale Law & Policy Review and holding the Mary McCarthy Fellowship in , which supported her engagement with policy-oriented legal scholarship during her studies.

Professional Trajectory

Judicial Clerkships and Early Practice

Following her graduation from in 1992, Cleveland served as a to Louis F. Oberdorfer of the for the District of Columbia from 1992 to 1993. She then clerked for Associate Justice Harry A. Blackmun of the during the 1993–1994 term. From 1994 to 1996, Cleveland held a Skadden Fellowship with Florida Legal Services in , conducting civil impact litigation on behalf of migrant farmworkers, including Caribbean sugar cane guestworkers. Her practice emphasized representation of these workers in disputes over wages, housing, and working conditions in South 's sugar industry. This period marked her initial foray into , focusing on enforcement of federal labor protections for transient agricultural laborers facing exploitative arrangements. In 1996, upon completion of her fellowship, Cleveland transitioned from legal practice to an academic position.

Academic Appointments and Scholarship

Sarah Cleveland held the position of Marrs McLean Professor of Law at the University of Texas School of Law from 2000 to 2007, where she taught subjects including public international law and . In this role, she focused on coursework that integrated comparative and international perspectives into instruction. In 2007, Cleveland transitioned to Columbia Law School, assuming the Louis Henkin Professorship in Human and Constitutional Rights, a named chair established to advance scholarship at the intersection of domestic and international legal frameworks. She has maintained this tenured position continuously since then, delivering lectures on topics such as , , and the constitutional aspects of U.S. foreign relations. Concurrent with her professorship, Cleveland has served as faculty co-director of Columbia Law School's Human Rights Institute since 2007, collaborating on the administration of educational programs that emphasize practical training in advocacy and interdisciplinary research. Under her co-direction, the institute has coordinated initiatives bridging legal theory with fieldwork, including seminars and clinical opportunities for students engaging with global mechanisms. Her pedagogical approach has emphasized rigorous analysis of obligations and challenges, influencing cohorts of law students who later pursued careers in organizations and advocacy.

Government Roles in U.S. Foreign Policy

From 2009 to 2011, Sarah Cleveland served as Counselor on to the Legal Adviser in the U.S. Department of State's Office of the Legal Adviser. In this capacity, she helped supervise the department's legal work across key areas of international law, including treaty interpretation and implementation, obligations, international justice mechanisms, the law of armed conflict, policies, and assessments of U.S. compliance with binding international agreements. Her advisory functions focused on providing rigorous legal analysis to guide U.S. decisions, ensuring that executive actions adhered to treaty terms while accounting for domestic legal constraints and national security priorities. Cleveland's oversight contributed to the formulation of legal opinions that bridged international commitments with U.S. operational realities, such as evaluating measures against prohibitions on and arbitrary under human rights treaties like the International Covenant on , to which the U.S. is a party. This involved causal assessments of how treaty provisions could constrain or enable policy responses to threats, including armed conflicts in regions like the , where U.S. military engagements required compliance with the amid sovereignty-preserving interpretations of rights under the UN Charter. Such roles highlighted inherent tensions between multilateral obligations and unilateral U.S. authority, as frameworks often demand accommodations that test the limits of congressional ratification reservations, prioritizing empirical alignment of actions with ratified texts over expansive judicial or supranational impositions. Beyond her tenure, Cleveland has maintained involvement through membership on the State Department's Advisory Committee on International Law, where she provides non-binding counsel on evolving challenges, such as sanctions regimes and trade disputes, reinforcing continuity in U.S. approaches to international legal compliance. This advisory service underscores a pattern of leveraging expertise to mitigate risks of non-compliance litigation, as seen in historical U.S. defenses against treaty-based claims in forums like the , without ceding core sovereign decision-making.

International Law Involvement and Advisory Positions

Sarah Cleveland was elected to the in 2014, serving a four-year term from 2015 to 2018 as an independent expert monitoring state compliance with the International Covenant on . In this role, she contributed to the examination of state reports, individual communications, and interim measures under the Covenant's Optional Protocol, including as Special Rapporteur for New Communications and Interim Measures from 2017 to 2018 and Vice Chairperson in 2018. The Committee's outputs, such as general comments and concluding observations, aim to interpret and enforce norms, though efficacy is limited by non-binding decisions and inconsistent state implementation, with enforcement relying on political pressure rather than coercive mechanisms. Cleveland has served as a Commissioner of the International Commission of Jurists, an NGO promoting the and through advocacy and legal standards development. She also held membership on the Council of the International Bar Association's Human Rights Institute, advising on global litigation and policy. Additionally, as the representative to the for Democracy Through Law (), she participated in providing constitutional advisory opinions to over 60 countries on democratic governance and legal reforms since at least the mid-2010s. In scholarly advisory capacities, Cleveland has been a member of the American Society of International Law's Executive Council from 2014 to 2017, influencing discourse on interpretation and . She continues as Co-Coordinating Reporter for the American Law Institute's Restatement (Fourth) of the Foreign Relations , finalized in sections by 2023, which elucidates U.S. engagement with principles like customary norms and obligations for practitioners and courts. These efforts have shaped restatements that prioritize textual analysis over expansive interpretations, countering tendencies in some international bodies toward normative expansion without consent.

Nominations, Elections, and Judicial Service

President nominated Sarah H. Cleveland on August 10, 2021, to serve as Legal Adviser of the U.S. Department of State, the position responsible for providing legal advice on , treaties, and matters. The nomination followed a vacancy left by Jennifer Newstead's resignation and came after delays in filling senior State Department roles. The Senate Foreign Relations Committee held a confirmation hearing on January 12, 2022, during which Cleveland outlined her approach to treaty interpretation, emphasizing adherence to textual meaning, state practice, and U.S. constitutional constraints in applying international obligations. She testified on U.S. commitments under treaties, including the International Covenant on Civil and Political Rights (ICCPR), and affirmed that advice to the Secretary of State would prioritize defending U.S. interests while complying with binding agreements. Republican senators on the unanimously opposed Cleveland's , blocking the from advancing, primarily due to her prior role in the UN 's drafting of General Comment 36 on Article 6 of the ICCPR. Critics contended that her interpretation equated the treaty's "" protections with a —despite the treaty's silence on the issue—potentially subordinating U.S. and traditional readings of to expansive global norms. Conservative organizations argued this activism would influence State Department positions on foreign aid, implementation, and multilateral engagements, advancing ideological priorities over empirical text and U.S. discretion. The stalled in and was returned to the without on January 3, 2023.

International Court of Justice Candidacy and Election

In August 2022, the National Group to the nominated Sarah H. Cleveland as its candidate for election to the (ICJ) to fill one of five seats coming vacant in 2024. The U.S. government actively supported her candidacy, highlighting her expertise in and commitment to the as essential for upholding the ICJ's role in resolving disputes peacefully. Cleveland's campaign materials emphasized strengthening the court's independence and effectiveness in promoting state compliance with international obligations, drawing on her prior advisory roles in U.S. . The ICJ election process requires simultaneous votes in the and Security Council, with candidates needing an absolute majority in both bodies. On November 9, 2023, Cleveland secured election on the first ballot, receiving 135 votes in the General Assembly out of 193 members present and voting, and 14 votes in the Security Council. Her successful bid restored an judge to the after a 19-year absence, amid competition from nine candidates for the five positions. Cleveland's nine-year term commenced on February 6, 2024, and extends until 2033. This occurred against a backdrop of U.S. toward the ICJ, stemming from adverse advisory opinions that have challenged American policies, such as the 1986 ruling on U.S. support for Nicaraguan and the 2004 opinion on the barrier, prompting congressional resolutions criticizing the court's perceived overreach into political matters. Despite such tensions, the Biden administration endorsed her nomination to signal continued U.S. with multilateral institutions while prioritizing candidates aligned with American interests in .

Tenure on the ICJ and Key Contributions

Sarah Hull Cleveland began her nine-year term as a judge on the (ICJ) on February 6, 2024, after her election by the and Security Council on November 9, 2023, where she received 14 votes in the Security Council. As one of 15 judges, her role involves deliberating on contentious cases between states and issuing advisory opinions requested by authorized UN organs, with decisions binding only in contentious matters and reliant on voluntary state compliance due to the Court's lack of enforcement powers. By October 2025, her tenure has centered on advisory proceedings addressing , , and global environmental obligations, reflecting her prior expertise in international and foreign relations law. In the ICJ's advisory opinion of July 19, 2024, on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Cleveland concurred with the 11-4 majority declaring Israel's presence in the territories unlawful under international law, including violations of self-determination and prohibitions on racial segregation and apartheid. However, in her separate opinion, she clarified that the opinion's scope addressed enduring policies predating the October 7, 2023, Hamas attacks on Israel and did not encompass Israel's subsequent defensive operations in Gaza, distinguishing between prolonged occupation and immediate responses to armed aggression. This nuance underscores a causal separation between historical territorial claims and reactive security measures, potentially tempering the opinion's application to ongoing conflicts while aligning with principles of state sovereignty and proportionality in self-defense, though critics noted the ruling's broad implications for enforcement absent political will. Cleveland contributed to the Court's July 23, 2025, advisory opinion on Obligations of States in respect of , requested by the General Assembly, where the ICJ affirmed states' duties under treaties like the UN Framework Convention on Climate Change and to pursue mitigation, adaptation, and cooperation, including financial and technological support for vulnerable nations. In a joint with Judge , she advocated for more explicit condemnation of fossil fuels' dominant role in emissions, citing IPCC data on their outsized causal contribution to warming and urging accelerated phase-outs to meet temperature goals. Her position emphasized empirical evidence of emissions' direct impacts—such as sea-level rise and —while acknowledging regulatory challenges like investment treaty chill effects on environmental policies, as noted in her separate . This reflects a universalist framing of climate obligations as , transcending national interests, yet the opinion's non-binding status highlights the ICJ's persuasive rather than coercive authority, with compliance hinging on domestic implementation amid debates over equitable burden-sharing between developed and developing states. Through these opinions, Cleveland has influenced ICJ jurisprudence by integrating first-hand causal analysis—drawing on scientific consensus and historical context—into interpretations of international obligations, bridging U.S.-style with multilateral norms. Her participation counters perceptions of institutional bias, such as in cases where outcomes have faced accusations of one-sidedness from Western observers, by injecting balanced distinctions that preserve space for sovereign responses to threats. Nonetheless, the Court's limited enforcement, evidenced by non-compliance in past rulings like (1986), underscores its role in shaping legal discourse rather than resolving geopolitical impasses, with Cleveland's tenure thus far advancing doctrinal clarity on interconnected issues of territory, security, and planetary survival without resolving underlying enforcement deficits.

Intellectual Contributions and Debates

Sarah Cleveland's primary expertise centers on the constitutional accommodations required for integrating international into U.S. domestic law, particularly the of non-self-execution, which mandates congressional to render many treaty provisions enforceable in courts rather than granting them automatic supremacy. This framework preserves legislative authority over policy implementation, as evidenced in historical practices where treaties addressing criminal offenses, such as those under , necessitated statutory definition and punishment to align with principles. Empirical analysis of U.S. treaty practice reveals that non-self-execution prevents assumptions of frictionless global legal harmonization, instead requiring deliberate national adaptation to avoid judicial overreach into prerogatives. In implementation, Cleveland examines the mechanisms for translating multilateral obligations into enforceable domestic standards, including oversight of body compliance and litigation bridging international norms with constitutional limits. Her contributions underscore challenges in embedding rights protections—such as those under the International Covenant on Civil and Political Rights—amid varying national capacities, where direct incorporation risks conflicting with or requirements. This domain highlights causal realities of uneven enforcement, dependent on political will rather than normative appeal alone. Comparative international law constitutes a key focus, involving cross-jurisdictional studies of how states differentially receive and operationalize global rules, from ratification thresholds to judicial interpretations of . Such comparisons yield data on compliance divergences, critiquing idealized views of uniform adherence by illustrating context-specific adaptations. Realist critiques in this field posit that often functions as aspirational —shaping discourse and alliances but lacking coercive binding force absent aligned national incentives or hierarchies.

Major Publications and Arguments

In "Our International Constitution," published in the Yale Journal of International Law in 2006, Cleveland argues that international law operates as a non-binding background principle in U.S. constitutional adjudication, guiding interpretations of domestic standards such as "evolving standards of decency" without overriding textual or structural limits. The article's logical structure begins with a historical survey of early American courts' reliance on customary international law for interstitial constitutional questions, proceeds to textual analysis distinguishing direct incorporation from interpretive aids, and concludes with criteria for admissibility—like consensus among stable democracies—to impose principled boundaries. Evidence includes founding-era precedents treating international comity as persuasive and Supreme Court decisions such as Roper v. Simmons (543 U.S. 551, 2005), where foreign abolition of juvenile executions informed Eighth Amendment analysis, though Cleveland emphasizes this does not extend to non-consensus issues like abortion. This framework clarifies interpretive mechanisms for harmonizing global norms with sovereignty but has drawn criticism for potentially eroding domestic autonomy by elevating foreign views in constitutional deliberation. "Defining and Punishing Offenses Under Treaties," co-authored with William S. Dodge in the Yale Law Journal (vol. 124, p. 2202, 2015), asserts that Congress's authority under the Offenses Clause (U.S. Const. art. I, § 10) to legislate for violations is constrained by the treaty's validity and self-executing nature, preventing unchecked federal expansion into powers. The argument unfolds through originalist exegesis of the Clause alongside the , historical examination of pre-ratification debates and early implementations like the (1794), and reconciliation with precedents such as Missouri v. Holland (252 U.S. 416, 1920), which upheld -based but not . Cleveland and Dodge substantiate claims with archival evidence of framers' intent to enable compliance with international commitments without supplanting , directly informing the Supreme Court's approach in Bond v. (572 U.S. 844, 2014). The piece advances -preserving clarity in enforcement but faces critique for limiting Congress's flexibility in addressing modern or security pacts. In "Embedded International Law and the Constitution Abroad" (Columbia Law Review, vol. 110, p. 225, 2010), Cleveland maintains that U.S. constitutional constraints apply extraterritorially via "embedded" international norms, particularly in human rights treaties and armed conflict, requiring alignment between domestic due process and global obligations like the Geneva Conventions. Structurally, it dissects dualist treaty incorporation through case studies of post-World War II military tribunals and analyses extraterritoriality via functional tests rather than strict territorialism, evidenced by executive branch practices and judicial glosses in Hamdan v. Rumsfeld (548 U.S. 557, 2006). This synthesis highlights causal links between treaty ratification and constitutional evolution abroad, praising U.S. leadership in norm internalization while noting tensions with sovereignty, as opponents contend it subordinates national security prerogatives to supranational standards without sufficient democratic input.

Criticisms of Her Internationalist Perspectives

Critics from conservative and pro-sovereignty perspectives have argued that Sarah Cleveland's advocacy for integrating into domestic constitutional frameworks undermines U.S. exceptionalism by elevating supranational norms over national legislative processes. In her 2006 article "Our International Constitution," Cleveland contended that should inform U.S. constitutional interpretation to address gaps in domestic protections, such as through the use of foreign authority in cases like . This approach, opponents claim, risks subordinating American sovereignty to unelected international bodies, echoing broader concerns about judicial overreach in precedents like (1986), where the ICJ asserted jurisdiction over U.S. actions despite reservations on compulsory jurisdiction. Such views align with critiques that internationalist scholars like Cleveland prioritize global consensus over causal national interests, potentially conflicting with U.S. treaty practices emphasizing and non-interference. Cleveland's involvement in human rights treaty interpretation has drawn particular scrutiny for expanding obligations beyond textual limits, notably in her service on the UN Committee (2011–2018), where she endorsed findings that restrictive laws in countries like violated the International Covenant on Civil and Political Rights (ICCPR). Conservative critics, including organizations like the (C-Fam), describe this as "abortion extremism," asserting that Cleveland and colleagues effectively amended through quasi-judicial opinions to impose , bypassing processes and state consent. They point to empirical non-compliance—such as the 2023 U.S. State Department report documenting ICCPR violations by over 50 signatory states, including authoritarian regimes like and that routinely ignore rulings—as evidence that universalist enforcement is illusory, fostering symbolic norms without causal impact on behavior. This perspective highlights systemic failures: despite 173 ICCPR parties since 1976, data from 2024 shows persistent abuses in 80% of monitored states, questioning the realism of supranational absent robust enforcement mechanisms. Proponents of Cleveland's internationalism, often from liberal circles, counter that her positions advance by holding states accountable to obligations, as evidenced by her support for ICJ advisory opinions on issues like . However, right-leaning analysts argue this overlooks unelected judicial expansion, as in her concurrence in the ICJ's advisory opinion declaring Israeli policies in occupied territories unlawful, which critics view as prioritizing abstract over geopolitical realities and U.S. alliances. These debates reflect a tension between Cleveland's causal emphasis on norm internalization—drawn from her scholarship on sanctions and compliance—and empirical patterns where powerful non-compliant actors, such as Russia post-2022 Ukraine invasion, evade ICJ enforcement, rendering internationalist ideals aspirational rather than binding. Sources like C-Fam, while ideologically conservative, substantiate claims with texts and records, contrasting mainstream academic outlets that often frame such critiques as isolationist without addressing enforcement gaps.

Recognition, Personal Details, and Broader Impact

Awards, Honors, and Institutional Affiliations

Cleveland was selected as a Scholar at the , studying from 1987 to 1989. She also held the Mary McCarthy Fellowship in at in 1992. Among her teaching honors, Cleveland received the Excellence in Teaching Award from the University of Texas School of Law for the 2000–2001 academic year. At , she was awarded the Excellence in Teaching Award by the Columbia International Law Society in 2014. She further earned a Certificate of Appreciation from the U.S. Department of State in 2011 for her contributions. Later recognitions include the Doctorado Honoris Causa from the Instituto Universitario de in in 2020, the Robert E. Dalton Award for Outstanding Contribution to Foreign Relations Law from the American Society of in 2022 (shared with Stephan), and the Wolfgang Friedmann Memorial Award from the Columbia Journal of Transnational Law in 2024. Cleveland holds memberships in prestigious legal societies, including the since 2007 and the American Society of International Law since 1998, where she served on the Executive Council from 2014 to 2017. Her board and advisory roles encompass the (commissioner since 2018), (board of directors since 2021), the International Bar Association Human Rights Institute (council member since 2013), and the Secretary of State’s Advisory Committee on . These affiliations position her within networks emphasizing international and supranational legal frameworks, institutions that, despite their influence in global policy circles, often align with perspectives prioritizing over unilateral national interests—a tendency reflective of broader elite academic and NGO consensus.

Personal Life and Public Persona

Sarah H. Cleveland has two adult children, daughter Electa Cleveland and son Richard Tuddenham. She lives with her life partner, , a longtime Times columnist. Her parents are Melford Cleveland, a retired 97-year-old former to U.S. Justice who also served in the State and Justice Departments, and Marcia Cleveland, a former National Ballet dancer. Cleveland's brother, , has worked as legal counsel for , continuing a family tradition of that traces back to her great-grandfather, who served as Speaker of the , and her grandmother, a teacher and advocate. In public settings, such as congressional nomination hearings, Cleveland has projected a emphasizing , , and a commitment to providing clear, practical, and objective legal counsel to advance U.S. interests while respecting institutional constraints. She attributes her dedication to and problem-solving approach to her family's multigenerational involvement in government at various levels. This demeanor underscores her focus on collaborative engagement with policymakers, including commitments to regular consultation with on foreign relations law matters.

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