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Judge Weeramantry warns that 22nd century might never be
In a thought-provoking lecture Sri Lanka’s internationally-renowned jurist, academic and author, Prof. Christie Weeramantry warned that if the 21st continued in its destructive and bungling ways there would be no 22nd century.
Describing the modern day as the most rapacious in history Prof. Weeramantry blamed the power of money, the power of science and the military for pillaging the earth.
He said that thousands of years-old religious teachings that called on rulers and the ruled to protect and preserve the environment and safeguard natural resources are being neglected or rejected, breaking the age-old nexus that existed between religion and human conduct.
A former Judge of the International Court of Justice in the Hague, a professor of law at Monash University in Australia and a justice of the Supreme Court of Sri Lanka, Prof. Weeramantry was speaking to an audience of barristers, solicitors, law students and others in London last week on global religious wisdom as an enrichment of international law and an aid to the solution of current conflicts.The lecture was organised by the Association of Sri Lankan Lawyers in the UK and the Cordoba Foundation.
Referring to the world’s major religions- Hinduism, Buddhism, Islam, Christianity and Judaism- he said that the wisdom expressed by these religions and the religious leaders 3000-4000 years ago had anticipated today’s international law.
Whereas the wisdom of those religions should have formed the foundations of international law and the conduct of countries and rulers, those wise words are in reality ignored or relegated to the background despite the lip service paid to religion.
Prof Weeramantry also debunked the belief among some in the western world that international law was essentially a creation of the west. Such a conclusion, he said, is untenable because several thousand years earlier all major religions had reflected on and pronounced on a whole gamut of human activities.
Citing various religious teachings Prof. Weeramantry showed modern international law had already been anticipated by these religions which originated in Asia.
He said that Hinduism had linked religion with international law in the most fundamental way when it foresaw that the future world would not be ruled by chakravartis or super rulers but by the “kingless authority of the law”.
He asked whether there could be a better description of international law than what Hinduism stated then. Even in the conduct of war at the time, there were strict rules that were followed. For instance, the farmers continued to till their fields undisturbed by warring parties because the laws of the time laid down that civilian life should continue unhampered by the clash of arms.
He pointed out that during the war between Rama and Ravana, sages of law held that weapons with great destructive potential should not be used as the victors had to live with the losers after the conflict ended. This showed the respect for human sanctity as well as the civilised ways of the day.
Even during Christian wars it was thought that weapons such as cross-bows were too cruel to be used. Such considerate teachings of religion later gave rise to the humanitarian concept of war. But modern science is getting out of hand as weapons of mass destruction such as nuclear weapons and others of mass destructive capacity, continue to be made with scientists labouring under a misconception that they are above all thus causing numerous problems for society.
Prof. Weeramantry pointed out that Hinduism and Buddhism have taught so much about respecting the environment and duties of rulers to look after the environment and protect it. These two religions had also underscored the duties of the judiciary which was to “extract the dart of injustice.”
The Buddha’s noble eight-fold path was not only guidance for individual conduct but words of wisdom for the judiciary as well for it underlines the importance of right thought, right action and right mindfulness in making judicial decisions. He said in making judicial judgments it is important to have the right vision as the Buddha said and look not only at the letter of the law but also its spirit and the consequences of an action.
As an example Prof Weeramantry referred to the situation in Syria today and said whatever happens there in the near future, it is vital to think of the consequences of any action on future generations there. He said Buddhist teachings were of intrinsic importance to international law. So were the teachings of Islam and Islamic jurisprudence. He pointed out that the fundamental rule of western international law, pacta sunt servanda developed by Hugo Grotius in 1625 is also the fundamental rule of Islamic international law, based upon Koranic inunctions and the sunna of the Prophet.
Drawing on his experience as a teacher and an international judge Prof. Weeramantry lamented that the teaching of law today remained an arid discipline and appealed to the legal profession to help rebuild the bridge between religion and international law.
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