06 Oct 2017 Tukio Haki na usimamizi wa mazingira

Judge Christopher Weeramantry

“The law can be greatly advanced especially to suit the needs of the 21st century, when we are moving in the direction of being global citizens with common problems such as the environment, common aspirations for a peaceful world and a set of universally shared values” Judge Christopher Weeramantry

UN Environment is deeply saddened by the passing of Judge Christopher Weeramantry, a national of Sri Lanka, on 5 January 2017.

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Judge Weeramantry’s contribution to international environmental law was immense. During his long and distinguished judicial and academic career he influenced and inspired many.  A world-renowned legal scholar and a former Vice-President of the International Court of Justice, he played a central role in strengthening and expanding the rule of international law.

During his tenure at the International Court of Justice he frequently exercised his right to append separate and dissenting opinions. In those, he continuously underlined the necessity to achieve justice and fairness. He resolutely sought to support the rule of law, both as a virtue in its own right and as a means of constraining the conduct, particularly of those States considered most powerful and influential.  Judge Weeramantry underlined how international law has diverse and ancient roots in many cultures and countries.

A illustrative example can be found in his dissenting opinion to the 1996 International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, in which his passionately argued that there should be no exception under any circumstances - including that of ensuring the survival of a State - to the general principle that the use of nuclear weapons is illegal. In his reasoning, he drew upon the teaching of Hindu law and Islamic scholars. After stepping down from the Court, Judge Weeramantry took up the position of President of the International Association of Lawyers Against Nuclear Arms, and continued to advance the application of international law for the benefit of peace and humanity.

In his own words, “As a judge, I have attempted to the best of my ability to follow the law and expand its scope of operation so as to make it a more effective instrument of international justice. Tomorrow’s world order will be based on active cooperation, seeking to fuse out of the world’s different cooperation demands that the legal essence distilled from each culture be brought to the common service of the international order.”

Judge Weeramantry will be deeply missed and will remain an inspiration to those championing use of the law as an instrument to achieve a better, more peaceful and sustainable common future.

Maudhui Yanayokaribiana