Not every person can be satisfied, living a life to its fullest, but then, there are the exceptions. Sri Lankabhimanya Christopher Gregory Weeramantry can be named as one such exception.
Born on November 17, 1926 in Colombo, Justice Weeramantry was a product of Royal College, Colombo. Completing his legal education soon after, from the University of Ceylon as well as King’s College, University of London, he joined the Ceylonese Bar in 1948 and in 1967, was called to the Bench. He qualified as a lawyer at the very young age of 21 and when he was appointed to the Supreme Court as a judge, he was one of the youngest SC judges.
He was a former Lecturer and Examiner at the Colombo Law College and a Member of the Council of Legal Education in Ceylon. Justice Weeramantry also served as a visiting Professor at Harvard University (2000), University of Hong Kong (1989), University of Florida (1984), University of Colombo (1981), University of Papua New Guinea (1981), University of Stellenbosch (1979) and University of Tokyo (1978).
Justice Weeramantry was a lawyer and judge locally, as well as internationally, an educator of law and an author of a vast array of books and papers, but what was close to his heart was nuclear law. He had authored over 20 books on the matter which are referred to internationally. He was the president of the International Association of Lawyers against Nuclear Arms (IALANA). This is a subject he has emphasized on many times, throughout his career, which echoes in his jurisprudence.
In one of his interviews compiled by the Stockholm based Right Livelihood Award, Justice Weeramantry when asked of how he felt when the ICJ ruled in favour of using nuclear weapons as self defence, said;
“After all, any use of a nuclear weapon in any circumstance whatsoever violates every rule of humanitarian law that has been evolved, after centuries of warfare and the sacrifice of millions of lives. No argument whatsoever could justify the indiscriminate killing of vast numbers of the population including women and children and the aged and infirm, the elimination of all historical and archaeological treasures, the pollution of earth, air and water, for tens of thousands of years and the elimination of all forms of life in the area affected. Genetically, it could produce adverse effects for untold generations to come. The possible escalation of the conflict, with nuclear weapons being used in retaliation as could not happen in Hiroshima and Nagasaki, the creation of a nuclear winter with the blocking out of sunlight owing to the nuclear debris and the possible elimination of all life on Earth are other consequences which must be kept constantly in mind.
“No circumstances whatsoever could justify this and humanity is doomed unless this question mark hanging over its future is removed. Total prohibition in all circumstances whatsoever was required to achieve this and that is why I was so strong in my affirmation of total illegality in all circumstances.”
Once, an interviewer asked him about the differences between Sri Lankan and foreign judges. He replied: “The perspectives of a Sri Lankan judge differ from those of a Western judge mainly owing to the cross-cultural perspectives which the Sri Lankan judge is so immersed in. In Sri Lanka, we grow up in the midst of four major religions – Hinduism, Buddhism, Christianity, and Islam, all of which have substantial segments of the population as their followers. Consequently, we grow up imbibing their culture and participating in their festivals and enjoying each other’s fellowship as neighbours. A Western judge tends largely to grow up in a mono-cultural setting and does not in general have this diversity of background. When it comes to administering the law this diversity of background gives the Sri Lankan judge the advantage of a great deal of tradition and cross-cultural perspectives.”
Justice Weeramantry was a Judge of the International Court of Justice from 1991 to 2000, serving as its Vice-President from 1997 to 2000. The Lockerbie case (the bombing of Pan Am Flight 103 over the skies of Lockerbie, Scotland by suspected Libyan agents) was one the famous cases that the ICJ undertook during this tenure. Earlier, he was chair of the Nauru Commission of Inquiry from 1987-88. The Commission was set up by the government of Nauru to investigate responsibility under international law for rehabilitation of the phosphate lands of Nauru, which had been ruined during international trusteeship.
He also worked for sometime as Professor of Law at Monash University in Melbourne, Australia. In Australia his writings led to the initiation of the annual Law Week, where numerous events are organized for members of the legal profession to discuss with and explain their work to the public. He was also Chairman of the international council of the Institute of Sustainable Development at McGill University in Canada.
Justice Weeramantry in 2006 received UNESCO Peace Education Prize for his outstanding commitment in supporting the concept and culture of peace through his career. He was considered an expert in the field of reconciliation and international law.
‘Sri Lankabhimanya’ is the highest honour awarded by the President of the Democratic Socialist Republic of Sri Lanka on behalf of the Government. It is the highest civil honour and is conferred upon “those who have rendered exceptionally outstanding and most distinguished service to the nation”. Justice Weeramantry received this highest honorary decoration, ‘Sri Lankabhimanya’ in 2007 for the exceptional service that he rendered to the country through his legal profession.
Among the books he authored are: The Law in Crisis: Bridges of Understanding; Equality and Freedom: Some Third World Perspectives; Human Rights in Japan; Apartheid: the Closing Phases; Invitation to the Law; The Slumbering Sentinels: Law and Human Rights in the Wake of Technology and “Law of Contracts: Being a Treatise on the Law of Contracts as Prevailing in Ceylon: And Involving a Comparative Study of the Roman-Dutch, English and Customary Laws Relating to Contracts”.
When he passed away in Colombo, last Thursday, Justice Weeramantry was 90 years of age. His remains will be at A. F Raymonds funeral parlor from 11 a.m today. The service is scheduled to be held at 3.00 p.m. after which burial will take place at the General Cemetery, Borella.
[President condoles]
In a condolence message, President Maithripala Sirisena said, peace lovers around the world will not forget the invaluable services rendered by Justice C.G. Weeramantry. “I am deeply saddened by the demise of Justice C.G. Weeramantry, an outstanding legal luminary of international fame. We are grateful to Sri Lankabhimanya Weeramantry for the expertise provided to us for upgrading the country’s human rights institutions. His untimely death took place at a time when Sri Lanka was seeking his expertise for further strengthening its judicial mechanisms. His death is an irreparable loss to Sri Lanka,” the President said.