Sri Lanka: Weeramantry — A heart that matches his mind
by Jayantha Jayasuriya PC-Feb 23, 2017My Lords, the principal judicial organ of the United Nations – the International Court of Justice – was established in the year 1945. The Statute of this Court provides that the Court shall consist of independent Judges to be elected from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognised competence in international law. A body of Fifteen such members constitute this world court.
Four and half decades after its establishment, the election of this great personality – Judge Christopher Gregory Weeramantry to the International Court of Justice at the Hague, the United Nation’s principal legal body, was of two-fold significance. Nationally, it was a signal honour to Sri Lanka as it marked the highest judicial position a national of Sri Lanka has ever attained. Individually, the appointment was a fitting climax to a life spent in the service of the law. Six years later, in recognition of his eminence and competence, he was elected the Vice President of the Court.
He was called to the Bar of Ceylon (as Sri Lanka was then known) in 1948. As an Advocate of the Supreme Court he had an extensive practice in the original and appellate courts for 17 years. In 1965 he was appointed Commissioner of Assize and a Justice of the Supreme Court in 1967. He remained a Justice of the Supreme Court till 1972, when he accepted the prestigious Hayden Starke Chair in law at Monash University in Australia.
My Lords, at this point it is apt that I make reference to the sentiments expressed on Judge Weeramantry by Judge Stephen M. Schwebel, Former President, International Court of Justice:
“Judge Weeramantry also brings to the International Court of Justice experience as a Judge in Sri Lanka.
A heart that matches his mind
The large majority of the Judges of the Court are former senior government officials or professors of international law or both: relatively few have national judicial experience. That experience may afford the international judge insights that he or she otherwise may lack.”
“Christopher Weeramantry has a heart that matches his mind. He is a man of quite exception gentility and raise, of sweetness of soul and devotion to family.
He is not liberal in principle and illiberal in practice (how often one encounters such characters in national and international life); he practices what he preaches in the routine of his activities and encounters. He thereby brings to the court elements of character and influences it no less beneficently than to his intellectual contributions.”
Judge Stephen M. Schwebel further observes:
“As the current President of the Court, it is my good fortune, as it is that of the Court as a whole, to have Christopher Weeramantry as Vice President and a Vice President who plays a particularly influential role in the work of the Court.”
Judge Peter Tomka, a current sitting Judge of the World Court who was the President from 2012 to 2015 describes Judge Weeramantry, as “one of the foremost international legal thinkers of our time.
During more than six decades of his outstanding legal career, he had not just practised law but had been pondering on broader philosophical, cultural and religious issues in the search for justice and the true meaning of law and legal order.
Indeed, he devoted considerable time and energy investigating the concept of legal order, which in his view should aim at achieving peace and harmony in communities and national societies with a view to forming a truly global world.”
My Lords the contribution made by Judge Weeramantry as Judge and Vice President of the International Court of Justice, infused to the Court an unmatched breadth and depth of scholarship.
The contribution made by this legal giant of our time to mankind spans out from different roles he played during his lifetime. They include, as an Advocate, A Commissioner of Assize, Judge of the Supreme Court, Judge and Vice President of the International Court of Justice, a lecturer, a Professor, an author and a speaker.
His scholarly contributions to legal literature which reflected an interdisciplinary approach to the law are too numerous to recount and his erudition has earned high praise from authoritative sources. It may not be prudent even to make an attempt to list out those contributions at an occasion of this nature; they are too numerous in number.
One of the greatest pleasures a judge can enjoy is the support and goodwill of a friendly Bar. I had this in ample measure. Never once in my years on the Bench did I encounter the slightest rudeness or discourtesy from a single member of the Bar. On the contrary it was cooperation and courtesy all way.
Yet, My Lords I wish to make this an opportunity to make reference to two of his individual opinions that attracted much attention and focus of legal, political and philosophical minds in the international sphere.
Development issues
In an opinion focusing on issues touching upon development, environmental protection, sustainable development and procedural rules adopted in legal proceedings in resolving such issues, observed inadequacies of inter parties rules as determining factors in major environmental disputes.
Judge Weeramantry observed:
“That inter parties adversarial procedures, eminently fair and reasonable in a purely inter parties issue, may need reconsideration in the future, if ever a case should arise of the imminence of serious or catastrophic environmental danger, especially to parties other than the immediate litigants.”
“We have entered an era of international law in which international law sub serves not only the interests of individual States, but looks beyond them and their parochial concerns to the greater interests of humanity and planetary welfare.
In addressing such problems, which transcend the individual rights and obligations of the litigating States, international law will need to look beyond procedural rules fashioned for purely inter parties litigation.
When we enter the arena of obligations which operate ergaomnes rather than inter parties, rules based on individual fairness and procedural compliance may be inadequate. The great ecological questions now surfacing will call for thought upon this matter.
International environmental law will need to proceed beyond weighting the rights and obligations of parties within a closed compartment of individual State self-interest, unrelated to the global concerns of humanity as a whole.”
Threat or use of Nuclear weapons
Delivering the individual opinion in the advisory opinion on legality of threat or use of Nuclear weapons Judge Weeramantry observed that:
“The Court’s authoritative pronouncement that all nuclear weapons are not illegal would then open the door to those desiring to use, or threaten to use, nuclear weapons to argue that any particular weapon they use or propose to use is within the rationale of the Court’s decision. No one could police this. The door would be open to the use of whatever nuclear weapon a State may choose to use.
It is totally unrealistic to assume, however clearly the Court stated its reasons, that a power desiring to use the weapon would carefully choose those which are within the Court’s stated reasoning.”
In his view
“The use or threat of use of nuclear weapons is incompatible with international law and with the very foundations on which that system rests.
I have sought in this opinion to set out my reasons in some detail and to state why the use or threat of use of nuclear weapons is absolutely prohibited by existing law – in all circumstances and without reservations.”
Unbiased judicial role
He arrived at this conclusion having observed that:
“The Court needs to discharge its judicial role, declaring and clarifying the law as it is empowered and charged to do, undeterred by considerations that pertain to the political realm, which are not its concern.”
The above views expressed by Judge Weeramantry are sufficient to demonstrate his vision on the role; the law should play in protecting mankind and its environment.
In a speech delivered by Judge Weeramantry on “Peace, International Law and the Rights of Future Generations” he noted that the 20th century was witness to two devastating world wars and described the 20th century as the century of lost opportunity and characterized the 21st century as the century of last opportunity.
My Lords, the thoughts of this great visionary was aptly described by Sir Arthur C. Clarke in his Foreword to Judge Weeramantry’s work on Protecting Human rights in the Age of Technology:
“This monumental work deserves a wide readership, because it is concerned with nothing less than the survival of humanity and the necessity of making the right use of the awesome new powers that science and technology has given us… SO I am happy to see that Judge Weeramantry outlines many of the steps that must be taken if we are not to follow the dinosaurs into oblivion.”
Again, it was none other than Lord Denning commenting on Dr. Weeramantry sees the dangers which beset us; and warn us of them. He is well qualified for the task. He was at one time a Judge in Ceylon.
Now he is a Professor at Monash University in Australia. In this book he has gathered the fruits of a lifetime of research and of thought.
Law in peril
Not for the lawyers only, but for all who would look beyond today into the unknown tomorrow. He is concerned to show that law – which is the very foundation of civilised society – is in peril. All our traditional concepts are being challenged.
He tears aside the “myth of certainty”. He lists the fallacies into which we fall – scores of them. “We are lashed,” he says, “by the scourge of unpredictability.” This book should serve to bring us to our senses….”
My Lords, from the regulation of genetic science and the use of nuclear weapons, to the end of apartheid and to the underlying unity of all the world’s religions, Judge Weeramantry has voiced opinions that have shaped the policies not only institutions like the United Nations and the World Court, but have influenced the decisions made by governments around the World.
The strong foundation laid from his student days while striking a proper balance between studies, sports and other extra-curricula activities at Royal Prep and Royal College and the experience and exposure he received at the Ceylon Law College would have been of immense influence in moulding the strong and humane character of this great visionary.
The array of honours, awards and honorary Degrees that were conferred on Judge Weeramantry demonstrate the recognition and the respect he earned through his dedicated and committed service rendered to society.
He was conferred and decorated with Honours including Sri Lankabhimanya, the highest National Honour of Sri Lanka, Right Livelihood Award, UNESCO Prize for Peace Education, Honorary Member of the Order of Australia (AM) and Mohamed Sahabdeen Award for International Understanding in the SAARC Region. Degrees awarded to him include, Doctor of Laws from Universities of London, Colombo, Monash and National Law School of India; Doctor of Literature from universities of London, Ruhuna and Eastern University. My Lords, I consider it my duty to place on record at this solemn occasion the exemplary manner in which Judge Weeramantry maintained the relationship between the Bench and the Bar.
These remarks and observations, I believe will guide the present and future legal fraternity in its proper course.
Support and goodwill of the Bar
According to Judge Weeramantry;
“One of the greatest pleasures a judge can enjoy is the support and goodwill of a friendly Bar. I had this in ample measure. Never once in my years on the Bench did I encounter the slightest rudeness or discourtesy from a single member of the Bar. On the contrary it was cooperation and courtesy all way.
I did of course observe some of the basic virtues – punctuality in the commencement of the court’s sittings, a full opportunity to the Bar to present its arguments and assistance to young juniors who were feeling their way in court with all the diffidence their situation entails. At the same time I insisted on thorough preparation of the brief and stimulated and indeed expected a high degree of research. If lawyers came into court inadequately prepared I was able in a gentle manner to convey to them my disappointment with their level of attention to the niceties of the case.
In the result I had very well researched legal arguments presented to me and I rewarded those who had done this extra work by a careful reference in my judgements to all arguments they had raised.
This cordial inter-relationship resulted in mutual benefits to both Bench and Bar, for I believe it stepped up the quality of court appearances as well as court judgement.”
My Lords, it is such an exemplary stalwart of the legal arena, an honest and humble gentleman, who had bid adieu to this world, having completed nine decades. However, the contribution he had made to mankind in various forms will help to guide and encourage the right thinking, to lead societies towards a destination rich with value and morals.
Even though the Community of Nations is no longer blessed to receive continued guidance and thoughts of Judge Weeramantry in its journey to a better tomorrow, My Lords, the yeomen service he had rendered will immensely help us to treasure his memory in our hearts and minds.
My Lords, many have been privileged to have read his remarkable reflections on the “The Lord’s Prayer”.
Until invited to mine its treasures, most people would not realize that there are profound riches and lessons for right living – personal, societal, global – contained in a 56-word prayer: the Our Father, a prayer which Judge Weeramantry saw as expressing the dignity of every person and requiring a social order to which all human kind would aspire.
Lords Prayer
Judge Weeramantry in this remarkable reflection on “The Lords Prayer” has a respectful appreciation of the unique dignity of every man and woman, irrespective of nationality, position, colour, age, race, wealth, learning and worth.
He perceives what he calls “the seamless web of humanity”, dignified by the direct relationship with God and their relationship with one and other, each person being an end in himself or herself.
This is not merely a pious exercise; it is a jurisprudential framework for law in the world in which we live. As Judge Weeramantry says:
“Whoever studies law needs to study the concept of justice. Whoever studies justice needs to be versed in morality.
Whoever studies morality needs to know something of religious teaching. Religion, morality, justice and law feed each other in ways too numerous to mention.”
The life of Judge Weeramantry was just an extraordinary journey, from beginning to end, with such an effect, both in Sri Lanka and on the rest of the world.
Abraham Lincoln said:
“I like to see a man live so that his place will be proud of him”
My Lords, every Sri Lankan is indeed proud to have given to the world Christoper Gregory Weeramantry, the great Judge, jurist and visionary of our time.
May his soul rest in peace!
SRI LANKA 