TITLE:
Protection of Places of Worship during Armed Conflicts: The Enrichment of International Humanitarian Law through Buddhism
AUTHORS:
Isuru Liyanage, Thilini R. Galappaththige
KEYWORDS:
Places of Worship, Buddhism, Principles of IHL
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.2,
June
30,
2022
ABSTRACT: Places of worship having deep spiritual attachments with people are highly protected as cultural property under International Humanitarian Law (IHL). While these places are given full respect, recognition, and protection, armed groups are prohibited from attacking or destroying them. The protection is included in the 1954 Hague Convention for the Protection of Cultural Property in the event of Armed Conflicts, Additional Protocol I and II to the Geneva Conventions of 1949, Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the Statute of the International Criminal Court. Further, it is highlighted under the Customary International Humanitarian Law as well. However, there are several significant instances around the globe where the protection of places of worship has been threatened during armed conflicts. In this context, this paper aims to evaluate the correspondence between IHL and Buddhism in relation to the protection of places of worship during armed conflicts. Therefore, this research employs desk research methodology in terms of ascertaining the correspondence between Buddhism and IHL. Accordingly, this research relies on secondary data in the areas of Buddhism and IHL. Thus, special references will be made to key IHL instruments, including Geneva Conventions, Customary International Humanitarian Rules, and case precedents. On the other hand, this paper refers to Buddhist literature on the protection of places of worship, including seven factors leading to welfare taught by the Buddha to the Vajjians, the verdict regarding the four places associated with the life of the Buddha, the 12th Rock Edict of Emperor Aśoka on respecting all religions and Bodhisattva vows mentioned in the Tibetan Buddhist tradition. This paper believes that, although the key objectives of the two bodies are not identically same, the philosophical underpinnings of Buddhism can be used progressively for the enrichment of IHL relating to the protection of places of worship.