Sri Lanka: Weeramantry A heart

that matches his mind

The following article based on the Excerpts of the delivery

made by Jayantha Jayasuriya PC, Attorney General of Sri
Lanka

by Jayantha Jayasuriya PC-Feb 23, 2017

( February 23, 2017, Colombo, Sri Lanka Guardian) My
Lords, We look back on a most remarkable life. What an
extraordinary man he was! He combined relentless drive with
absolute integrity, a love of freedom with respect for the law and
the quest for peaceful compromise with an insistence that
historical truth must be made known.
My 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 Nations
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 Courts 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 Courts 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 Courts 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 Weeramantrys
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 worlds 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 courts 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 Lords 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!
Posted by Thavam