Applied Buddhism & International Humanitarian Law: Peaceful & Mindful Action through the Bodhisattva Path in Addressing the Phenomenon of Conflict and War (original) (raw)
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Contemporary Buddhism, 2021
This article stems from a project launched by the International Committee of the Red Cross (ICRC) in 2017 to examine the degree to which Buddhism might complement or enhance international humanitarian law (IHL), also known as 'the law of war' or 'the law of armed conflict'. Given that Buddhist teachings discourage violence, scholarship has critiqued Buddhists' involvement in armed conflict rather than considered how Buddhism might contribute to regulating the conduct of hostilities once war has broken out. Yet the Buddhist aim to reduce suffering is particularly relevant during armed conflict, and the empirical realism of early Buddhist texts shows that early Buddhist communities were very much aware of its grim reality. The article investigates the evidence for this empirical realism before exploring a range of concepts, doctrines and practices from within Buddhism that are pertinent to the recognition and implementation of IHL principles and the conduct of war. While IHL lays down explicit rules to follow during war, Buddhism emphasises broader ethical principles to be applied, so as not to dilute its ideal of non-violence. At a deeper level, it addresses the intention or motivation of parties to armed conflict, and possesses psychological insights and resources to help change their behaviour. Though one might conquer a thousand times a thousand men in battle, the greatest conquest is of just one: oneself Dhammapada v. 103 (translation Peter Harvey) CONTEMPORARY BUDDHISM
Contemporary Buddhism, 2021
This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and capacity to fight with skill and restraint. While IHL is a legal regime that legitimises violence under certain conditions, and lays down clear universally ratified rules, Buddhism is primarily an ethical and psychological system that addresses the motivations and inner roots of behaviour and can be understood and interpreted in different ways. In this respect, Buddhism overlaps with the field of military ethics, and can contribute much to enhance military training. However, while the centrality of non-harming (ahimsā) to Buddhism dictates that extraordinary efforts should be made to prevent war or otherwise minimise the harm inflicted – thereby checking interpretations of IHL that are overly permissive – Buddhism’s consequent reluctance to legitimise and thereby institutionalise war, and the ambiguity of its teachings in this regard, have generally precluded it from developing clear just war guidelines for belligerents to follow, and Buddhist resources to improve the conduct of hostilities have remained largely untapped. Mainstream traditions of Buddhist ethics must also be distinguished from more esoteric and localised beliefs and practices, and from the lived Buddhisms with which most lay Buddhists are more familiar, which do not necessarily embody the same degree of restraint. Belligerents might therefore have different conceptions or expectations of Buddhism depending on their culture and particular circumstances, or be unclear about what it says on the conduct of war.
Routledge Taylor & Francis Group, 2022
The arising of war is almost inevitable within human societies, and IHL seeks to regulate its conduct as far as possible. According to Buddhism, mental defilements are the roots of conflict, so from the viewpoint of Dhamma, awareness of them is imperative if suffering is to be effectively reduced. The aim of this study is to examine the utility of Buddhist teachings in ensuring the humane treatment, without adverse distinctions, of those caught up in war, by the development of self- control, self-discipline and responsibility. The Vepacitti Sutta describes the ideal mental qualities that are required to do this, and we point out the practical implications of those qualities, as explained in the Mahācattārīsaka Sutta. Our argument is that cultivating the mind according to the practical path that we introduce is conducive to self-control, discipline and responsibility during a war with respect to international humanitarian law (IHL), and particularly with respect to non-combatants.
Philosophical Foundations of International Criminal Law
My chapter from Publication Series No. 34 (2018): Philosophical Foundations of International Criminal Law: Correlating Thinkers, Morten Bergsmo and Emiliano J. Buis (editors) This first volume in the series ‘Philosophical Foundations of International Criminal Law’ correlates the writings of leading philosophers with international criminal law. The chapters discuss thinkers such as Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. The book does not develop or promote a particular philosophy or theory of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches. Full book can be downloaded here http://www.toaep.org/ps-pdf/34-bergsmo-buis
Beijing Law Review
Places of worship having deep spiritual attachments with people are highly protected as cultural property under International Humanitarian Law (IHL). While these places are given full respect, recognition, and protection, armed groups are prohibited from attacking or destroying them. The protection is included in the 1954 Hague Convention for the Protection of Cultural Property in the event of Armed Conflicts, Additional Protocol I and II to the Geneva Conventions of 1949, Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the Statute of the International Criminal Court. Further, it is highlighted under the Customary International Humanitarian Law as well. However, there are several significant instances around the globe where the protection of places of worship has been threatened during armed conflicts. In this context, this paper aims to evaluate the correspondence between IHL and Buddhism in relation to the protection of places of worship during armed conflicts. Therefore, this research employs desk research methodology in terms of ascertaining the correspondence between Buddhism and IHL. Accordingly, this research relies on secondary data in the areas of Buddhism and IHL. Thus, special references will be made to key IHL instruments, including Geneva Conventions, Customary International Humanitarian Rules, and case precedents. On the other hand, this paper refers to Buddhist literature on the protection of places of worship, including seven factors leading to welfare taught by the Buddha to the Vajjians, the verdict regarding the four places associated with the life of the Buddha, the 12th Rock Edict of Emperor Aśoka on respecting all religions and Bodhisattva vows mentioned in the Tibetan Buddhist tradition. This paper believes that, although the key objectives of the two bodies are not identically same, the philosophical underpinnings of Buddhism can be used progressively for the enrichment of IHL relating to the protection of places of worship.
Relevancies of Buddhism on International Relations: Analysis of eightfold paths of Buddhism
Research Nepal Journal of Development Studies
Buddha's thoughts are not only recognized as philosophy or religion but also applied significantly as credence in economic, political, and international relations. Buddha’s thoughts have been acknowledged as a more gorgeous and vital tool to upkeep better relations practically. Through a highly rationalized and applied interpretation of the thoughts, it has been pragmatized in real events as peace-keeping instruments among geopolitical cults. Foreign policy among states has become chaotic and inconsistent in recent years. The five principles of peaceful coexistence of foreign policy and the eight-fold new path of Buddhism have numerous potential implications for driving the globe toward rectifying a pragmatic approach to international relations.