International Meeting, August 2
2004 World Conference against A & H Bombs
Judge Christopher G. Weeramantory
President, International Association of Lawyers against Nuclear
Arms
Former Vice-President, International Court of Justice
Mr. Chairman, members of the organizing committee of the 2004 World
Conference, mayors, national group representatives, peace movement
representatives, nuclear bomb victims and all citizens of goodwill,
We are all assembled here because we are anxious to end this nuclear
menace that hangs over the world. Let me tell you what an honor
and privilege it is to be able to speak to you this afternoon at
the commencement of this very important session. Now, as we all
know, we are seeking to remember and reflect on one of the most
terrible, destructive and frightening moments in the entire history
of mankind. It was a moment symbolic of the destructive power which
human beings can achieve, and the lack of restraint on the use of
this power. That moment symbolized the lack of restraint of any
sort on power that could result in cruelty of enormous proportions.
No restraints whether moral or legal, or cultural, or religious,
no restraints of compassion, no social restraints or humanitarian
or international restraints were able to hold back the infliction
of this terrible damage on humanity. And there was, therefore, a
tremendous warning signal to all of humanity for the rest of time:
“Put your house in order, because if humanity does not destroy this
weapon this weapon will destroy humanity.”
This was also a warning sign that old ways of handling disputes
or handling peace and war had failed, and that a new principle had
to be evolved of international management, which was adequate to
do duty in this enormously altered situation. It was a warning sign
also that the future of humanity, of human civilization, of the
eco-system, of all the values that we hold dear--that all of these
were in peril. It was a warning sign also that these things cannot
be left to the Presidents, and Prime Ministers and Diplomats and
Generals, but that the people of the world must assert themselves
and take things into their hands and that they must manifest their
will in a way which the rulers of the world can feel and understand.
Until they do that, nothing will be achieved.
It was a warning sign also that an intense educational program
needed to be launched on a variety of aspects which are totally
neglected whether in the school curricula or in public discussions.
Our obligations as human being to each other, each country’s obligations
to its neighbors, the power of human destructiveness, the peaceful
resolution of disputes, our global interdependence as common fellow
citizens on this one planet earth which we must share -- all of
these need to be the subject of general education throughout the
world, at all levels of society from the schoolroom upwards. That
is the challenge that we must all rise to. That is the sort of education
we have failed to impart to previous generations. The bombs have
taught us the lesson to try our best to do so in the future.
When I was on the International Court of Justice at The Hague hearing
the request of the General Assembly for an Advisory Opinion on the
legality of nuclear weapons, one of the principal arguments addressed
to us was this: “Where in international law is the principle so
stated? What authority recognized by international law states that
you cannot use nuclear weapons?” Now that loses sight of one of
the most fundamental bases of international law namely, customary
international law. The customs and traditions of the world are the
source out of which the moral principles evolved, which give you
the bedrock of international law. Now these moral principles are
available in every culture that you can look at. Look across the
world, at all the continents, look at all the religions, all the
teachings and all the traditions, and the solid foundations are
there on which these principles can be built. Extreme cruelty, weapons
which impose unnecessary suffering, weapons which do not discriminate
between combatants and civilians, destruction of the environment
- all these are prohibited by every major world tradition. Yet we
do not build upon this, because we take a narrow, black letter view
of law. Law must grow out up these common traditions of the entire
human community. It must not be restricted to narrow legalistic
formulations, which ignore all the world’s ethical and moral traditions
on which all humanitarian law is based.
I dissented very strongly with that part of the Opinion of the
International Court of Justice, which left open the possibility
of the use of nuclear weapons in circumstances of extreme self defense
where the very survival of a country is at stake. I disagreed totally
with that. I said nuclear weapons are illegal in all circumstances
whatsoever and I am glad to see that though it was a Dissenting
Opinion it is now generally accepted as correctly stating the law
on this matter.
Yet the Opinion of the Court was also significant because every
judge of the court without a single exception held that there was
an obligation lying upon all states of the world to take meaningful
steps to bring to a successful conclusion the elimination of nuclear
weapons and their subjection to international control. Now, that
is not being done. And I am glad to see that Malaysia every year
is introducing into the General Assembly a Model Nuclear Convention
to remind the members of the Assembly of that obligation.
There is also Resolution 1540 which was adopted on 20th April this
year by the Security Council, requiring all states to take steps
to prevent non state actors from getting nuclear weapons with their
hands and from acquiring and developing nuclear weapons, chemical
weapons and biological weapons. But there is also a part of that
Resolution, which says that it is the obligation of all nations
to prevent proliferation. Now proliferation can be a horizontal
proliferation where more and more people get nuclear weapons into
their hands. But it can also be vertical proliferation where those
who have already nuclear weapons are trying to refine them and improve
them and develop new weapons. So that Security Council Resolutions
can also be used in the campaign against nuclear weapons.
There is also the Abolition Now campaign, which has global citizenship
support and has called individuals, citizen groups, education authorities
and local governments to rise to the challenge. They have proclaimed
August 6th 2004 to August 5th 2005 as a Year of Remembrance for
the Nuclear Free World.
There are thus various steps being taken presently which can help
in achieving our objective of abolishing nuclear weapons. But the
main effort must still come from global public opinion. All people
of the world must unite to generate this. To this end let us see
that leadership will go out from here, Hiroshima and Nagasaki, the
victims of this terrible manmade disaster. A message should go out
to all the peoples of the world that we do not want this ever to
happen again. Let us use our experience and our determination and
give leadership in building a solid body of opinion of citizens
throughout the world, without which we cannot achieve our objective.
Our objective is a world free of nuclear weapons. That can be achieved.
It cannot be achieved without effort and leadership. That effort
and leadership can proceed from this place as it readies itself
to remind the world that the 60th anniversary is approaching of
the use of the most devastating and destructive weapon that humans
have ever devised for the destruction of human beings, of human
values, of human civilization and of all life itself.
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