FUNDAMENTAL INTELLIGENCE, A BUDDHIST JUSTIFICATION FOR THE UNIVERSAL PRINCIPLES UNDERLYING IHL

Abstract

ABSTRACT All of us agree that a civilian population is inevitably and profoundly affected by a war, regardless of where this population stands in the scheme of things. A civilian population is hostage to the forces at work, not only physically, economically and socially, but also intimately, emotionally, psychologically and spiritually. In fact, everyone involved in a conflict has to deal with the chaos in his or her own mind and in his or her own environment. The formulation of international humanitarian law (IHL) was influenced by a socially oriented intellectual culture that has often failed to address the inner workings of the individual consciousness. Buddhism’s contribution here may be just that: its insistence on the process of cognition as the ground for both the creation of and the liberation from suffering. More specifically, this paper focuses on the Dharmadharmatāvibhāga (DDV), an ancient North Indian Buddhist text. The premise is that many such ancient texts have something important to contribute to our contemporary world, by offering some insight into ‘universal principles’ in the workings of the mind and in human interactions. The question then is: how can these ideas contribute to the development of individual willingness to care and embody ethical conduct even during armed conflicts?