Why Does Buddhism Support International Humanitarian Law? – A Humanistic Perspective

Abstract

ABSTRACTThe core teaching of Buddhism revolves around understanding and alleviating suffering. Since the purpose of international humanitarian law (IHL) is to minimise suffering during armed conflict, by protecting the innocent and restricting the means and methods of warfare, Buddhists should support IHL. In this paper, I try not to utilise the Buddha’s well-known teachings such as karma, impermanence, non-self, emptiness, compassion and so on, to explain why Buddhists should support IHL. Instead, I present how and why Buddhism underlines the importance of secular ethics, indicating that humanity comes first for Buddhism, which would be the main reason for Buddhists to support IHL. Buddhist monks such as Yinshun and the 14th Dalai Lama view common humanity, conventional morality and inner values as the grounds for Buddhism. An enhancement of humanity and the promotion of morality are also part of the way of Buddhist practice. Viewed from a humanistic perspective, Buddhism may endorse all laws, rules, and regulations that are in the best interest of the public and align with values such as peace, freedom, equality, justice, benevolence, and more, regardless of whether they are applied internationally or domestically. Buddhism upholds IHL for similar reasons.KEYWORDS: IHLthe Buddhist theory of the two-truthscommon humanitysecular ethicsthe 14th Dalai LamaVen. Yinshun Disclosure StatementNo potential conflict of interest was reported by the author.Notes1. IHL is a set of rules designed to limit the effects of armed conflict for humanitarian reasons. It restricts the methods and means of warfare and protects persons who are not or are no longer participating in the fight. It is part of international law and contained in agreements between states but does not regulate whether a state may actually use force. It is governed by an important part of international law set out in the United Nations Charter. For a comprehensive introduction to IHL, including its history, scope of application, implementation, and enforcement, see Nils Melzer (Citation2016). Also see Bartles-Smitha et al. (Citation2021) for the pilot introduction of IHL and its interface with Buddhism.2. The syllogism may assume an alternative form such as: Premise 1: Buddhism lends support to regulations that are conducive to well-being. Premise 2: IHL embodies such wholesome regulations. Conclusion: Buddhism’s endorsement extends to IHL.3. The example of Chinese Buddhism incorporating the significance of filial piety (xiaoshun 孝順), as emphasised in Confucianism, serves as an illustration.4. Da Zhidu Lun大智度論 is a text that interprets the teachings of The Mahāprajñāpāramitā Sūtra and has had a significant impact on the development of Chinese Buddhist philosophy. The text is traditionally attributed to Nāgārjuna and was translated into Chinese by Kumārajīva in the fourth century (although some contemporary scholars have raised questions about its authorship).5. The original Chinese:「佛法非但佛口說者是，一切世間真實善語、微妙好語，皆出佛法中。」 (CBETA, T25, no. 1509, p. 66, b2–4).6. Satyasiddhiśāstra (Citation2016) is a text written by Harivarman and translated by Kumārajīva 鳩摩羅什 in the fourth century. It illustrates the Buddhist theory of Emptiness (Śūnyatā) to reveal the truth and reality that taught by the Buddha. Satyasiddhiśāstra was popular in ancient Chinese Buddhism and led to the formation of its own school in China (Chengshi zong 成實宗).7. The original Chinese:「一切世間所有善語皆是佛說」 (CBETA, T32, no. 1646, p. 243, c5).8. The Five Precepts are commitments to abstain from killing, stealing, adultery, lying and intoxication.9. The Ten Good Deeds are the moral conduct based on the Five Precepts. They can be divided into three parts: physical (no killing, stealing or adultery); verbal (no lying, idle talk, or slander); and mental (no greed, hatred, or ignorance).10. Shi (Citation1998, 221–224) called it ‘The Ten-Deed Bodhisattva’ (十善菩薩).11. These controversial ethical and legal issues may have to use casuistry or case-based reasoning rather than principle-based reasoning. Casuistry is a method of case reasoning used to deal with cases that involve moral dilemmas, employed especially in the discussion of applied ethics such as bioethics. See Jonsen and Toulmin (Citation1990) for more information.12. The Dhammapada 137 (Citation2000) says that he who inflicts violence on those who are unarmed and offends those who are inoffensive will soon come upon misery as a karmic result.13. There is a growing scholarship on the Buddhist perspective on war (see for instance Jerryson and Juergensmeyer Citation2010), including debates on the notion of wars fought in defence of the Dharma.14. Refer to Garfield’s introduction (Citation1995, 298) for Nāgārjuna’s argument that comprehending the significance of the ultimate truth cannot occur without the prerequisite of the conventional truth, and achieving liberation necessitates an understanding of the ultimate truth.15. Conventional truth arises through interdependence, based on a consensus within the world, and this interdependent nature highlights the absence of inherent essence. Refuting inherent essence, however, does not negate its conventional existence. Conversely, acknowledging its conditional interdependence validates its existence in conventional terms. Therefore, as a Buddhist, rejecting or denying worldly morality not only contradicts the teachings of the Buddha but can also hinder one’s own spiritual progress.16. In contrast to theistic religions that often assert ‘Good without God is 0’, Buddhism tends to avoid invoking the intercession of an absolute being and may instead propose a perspective akin to ‘atheism’ (‘God with 0 is good’) when contemplating moral reflection and practice.17. An emphasis on the peculiarity of being a human is widespread in Buddhist sutras. In Saṃyuktāgama (Citation2016, CEBTA, T02, no. 99, p. 108) or Saṃyutta Nikāya (Bodhi Citation2000, 1871–1872), for instance, the Buddha used a simile to suggest the chance of being born as a human is very scarce. It is as if a blind turtle swam at the surface of the ocean and extended his head above the surface of the ocean once in hundred years, and its head happened to go through a hole on a rotten wood plank floating by.18. The ethical dictum of the Golden Rule is important in most of the world’s religions; see Neusner and Chilton (Citation2009) for discussing the Rule in broad comparative context and assessing its significance in human cultures and societies.19. The categorical imperative is an important concept in Kantian ethics. According to Kant’s deontology, morality is an order of human reason that can be summed up in a form of imperative that demands unconditional and absolute duties or obligations to be obeyed in all circumstances.20. See Rachels (Citation2003, 120–129) for more information and discussion.21. The Dalai Lama’s emphasis on secularism, secular ethics, and the importance of the recognition of common human values of compassion, kindness, empathy, happiness, equality, and so on can be seen in the first part of his book Beyond Religion: Ethics for a Whole World (Citation2012).22. Taixu (1890–1947) was a Buddhist monk who advocated the reform and revolution of Chinese Buddhism. He proposed three famous innovations – Buddhist institutions教制, Buddhist doctrines教理, and Buddhist economics 教產 – and was regarded as one of the most important figures of modern Chinese Buddhism. Yinshun (1906–2005) was a student of Taixu but did not totally follow Taixu’s interpretations of Buddhist philosophy. He is a scholastic monk who committed himself to Buddhist studies to bring forth his ideal of ‘Humanistic Buddhism’. Yinshun is the master of the founder of Buddhist Tzu-Chi Foundation Chengyen (1937–); his promotion of Humanistic Buddhism has had a decisive influence on the development of Buddhism in Taiwan. Hsingyun (1927–2023) founded the international monastic order Fo Guang Shan in 1967. Fo Guang Shan now is a representative of the Humanistic Buddhism movement in Taiwan and has been committed to the works of culture, education, charity and Buddhist spirituality, having a great influence in contemporary Taiwanese Buddhism.23. At the age of 48, Shi (Citation2005, 258) wrote a famous verse, ‘Relying on the Buddha as the only refuge, pursuing the excellence of personality; the perfection of humanity is the realization of Buddhahood, and this is the real truth’. (仰止唯佛陀，完成在人格，人成即佛成，是名真現實)24. Probably because of the influence of Nāgārjuna’s philosophy, the monk Yinshun and the Dalai Lama display some similar characteristics, such as simplicity, humanity, rationality, and openness. Take simplicity for example; as the Dalai Lama says, he is just an ordinary man and a simple Buddhist monk, and Yinshun also thinks highly of the value of plainness in Buddhist practice. His autobiography, titled An Ordinary Life (pingfan de yisheng平凡的一生), is also an example of this attitude.Additional informationNotes on contributorsChien-Te LinChien-Te Lin, also known as Kent Lin, is a distinguished professor and director of the Institute of Religion and Humanities at the Buddhist Tzu-Chi University, Taiwan. His main research interests lie in Buddhist philosophy, contemporary Buddhism in Taiwan, Chinese philosophy and comparative religion (Buddhism and Taoism). His most recent books published in Chinese include Tao and Emptiness: A Philosophical Dialogue between Laozi and Nāgārjuna (Dharma Drum Publications, 2013); and Mind, Consciousness and Liberation: A Comparative Look at Buddhist Theories of Mind and Consciousness (National Taiwan University Press, 2020). He has also published some English articles in journals such as Ethical Perspectives, Philosophia, Contemporary Buddhism, Asian Philosophy, Sophia, Business Ethics, the Environment & Responsibility, etc.