Case No. 26-2017: “NORWEGIAN NOBEL COMMITTEE”
ETHICAL JUDGMENT
Dear Prosecutor, Public Defender,
Ambassadors and Jury Members of the International
Buddhist Ethics Committee (IBEC) and Buddhist
Tribunal on Human Rights (BTHR), regarding the Case 26-2017 against NORWEGIAN NOBEL COMMITTEE, hereby on
May 23, 2017, it is recorded that the trial of the Buddhist Tribunal has been
concluded to analyze the violation of Human Rights made by the accused. This
Case has been carried out as a result of the "Case Myanmar" as well as from the "Case UN".
After analyzing the presentation of
the case and the validation of the large number of evidence, it has proceeded
with the vote of 7 Jury Members. There were 1 vote of "Innocent", 1 “Invalidated”
vote and 5 votes of "Responsible"
concerning the NORWEGIAN NOBEL COMMITTEE
for the serious crimes of CORRUPTION and COMPLICITY WITH CRIMES
AGAINST PEACE. The actions of the NORWEGIAN
NOBEL COMMITTEE when awarding international criminals with the Nobel Peace Prize not only contradict
Alfred Nobel's vision but also cause enormous damage against World Peace and
Planetary Justice. These terrible acts prove that members of the NORWEGIAN NOBEL COMMITTEE have
corruptly used Alfred Nobel's inheritance funds, which should be used to reward
peace champions (Santi-raja) instead
of rewarding international criminals. Even the NORWEGIAN NOBEL COMMITTEE on many occasions has refused to cancel
awards that violate World Peace, which demonstrates an immoral politicization
of its prizes. Thus, the NORWEGIAN NOBEL
COMMITTEE must be held accountable for its actions, which violate Alfred
Nobel's ethics and his own will inspired by the values of pacifism. Giving a
Peace Prize is a great responsibility, because if this ethical acknowledgment
is given to an international criminal, it would be violating the very nature of
Peace (Santi), being complicit in
these violations of international Law. In this sense, the Buddhist Tribunal on Human Rights establishes that the NORWEGIAN NOBEL COMMITTEE not only
disrespects the memory of Alfred Nobel, but also illegally manages his
inheritance by having given Peace Prizes to individuals and countries that
violate human rights by means of acts of
genocide and crimes against humanity, as has happened when rewarding Aung
San Suu Kyi, the PEACEKEEPING FORCES, the UNITED NATIONS (U.N.) and the US
GOVERNMENT, among others. These awards go against the construction of a
pacifist and empathic civilization.
The Buddhist Tribunal on Human Rights ruled that the NORWEGIAN NOBEL COMMITTEE is “Responsible” for Corruption because it has
illegally used Alfred Nobel's inheritance for delivering Peace Prizes to many
figures that violate human rights. Alfred Nobel, like Siddhartha Gautama, had
the purpose of creating a world without militarism and without wars, and this
is the supreme responsibility that must be fulfilled by the Nobel Peace Prize. In contrast, the NORWEGIAN NOBEL COMMITTEE has not used
the Alfred Nobel heritage funds to fulfill this goal of supporting an international demilitarized system of
World Peace and brotherhood among nations.
Not only has been breached Alfred Nobel's mission to abolish or reduce armies, but even the NORWEGIAN NOBEL COMMITTEE has come to reward countries with
genocidal armies. In harmony with Siddhartha Gautama, the Peace Prize created by Alfred Nobel sought to provide the greatest
benefit to all peoples, creating a world where nations are disarmed and resolve
their conflicts through peaceful negotiations.
Alfred Nobel's testament is a contribution to the same kind of civilization
that the Buddhist Law seeks to build, only rewarding the peace champions (Santi-raja). However, the NORWEGIAN NOBEL COMMITTEE has betrayed Alfred Nobel's will, using
his funds corruptly and for national political purposes in defending another
idea of Peace (Santi). While
Siddhartha Gautama and Alfred Nobel wished to build a demilitarized world where
the Law would replace aggressive force, where nations would cooperate with each
other and would not compete for military superiority, instead, President Jagland
of NORWEGIAN NOBEL COMMITTEE has
publicly stated that they apply another concept of Peace (Santi) that is different from the one used by Alfred Nobel,
confirming then that the economic funds of the Prize are being allocated for
corrupt acts that violate Nobel's testament. The Buddhist Tribunal on Human Rights has demonstrated that the NORWEGIAN NOBEL COMMITTEE has the duty
of fulfilling the will of Alfred Nobel, who defined Peace (Santi) in a very specific way. Therefore, when the NORWEGIAN NOBEL COMMITTEE uses another
definition of Peace (Santi), which is
functional to the vision of Norwegian politics, then it is incurring an act of
corruption. In the international community there are many individuals and
organizations working to reduce or abolish armies and prevent wars, which is
exactly what Alfred Nobel sought to reward, although the NORWEGIAN NOBEL COMMITTEE often does not recognize these potential
nominees, preferring to reward political leaders who usually violate human
rights and attempt against world peace and the rule of righteousness (dhamma-cakkam). Giving Nobel Peace Prizes to individuals or organizations that violate
human rights is not only an immoral act, but is also an act of deep corruption,
being an affront and scam against the will of Alfred Nobel.
The Buddhist Tribunal on Human Rights rules that the NORWEGIAN NOBEL COMMITTEE is
Responsible for Complicity with Crimes against Peace, because it has supported
and rewarded criminals who have committed international crimes. As the Nuremberg Tribunal has pointed out, Crimes against Peace are supreme international crimes because
they contain within them all the evil of
the other international crimes. Thus, crimes
against peace not only are referred to planning, preparation, conspiracy
and the carrying out of aggression wars
that violate international treaties, but also include genocides, crimes against humanity and war crimes. Also, the Nuremberg Tribunal has pointed out that
crimes against peace are not only
committed by States but also by individuals. The Buddhist Tribunal on Human Rights agrees with Judge Jackson that incitement is an act as criminal as execution, considering that complicity (active or omissive) entails
being responsible for the criminal acts of others. The NORWEGIAN NOBEL COMMITTEE has rewarded subjects who had already
committed crimes against peace, and
it also decided that the award be kept by individuals who subsequently committed
crimes after receiving the Nobel Peace
Prize. Undoubtedly, for the ethical vision of the Buddhist Tribunal on Human Rights this is an act of complicity. In extending the application
of the Draft Code of Crimes Against the
Peace and Security of Mankind by the International
Law Commission, the Buddhist Law states that NORWEGIAN NOBEL COMMITTEE is complicit with crimes against peace,
since there is a responsibility for these international crimes when failing to prevent or punish the commission
of such crimes, when consciously
assisting with direct and substantial means, when publicly inciting to commit such crimes. While the NORWEGIAN NOBEL COMMITTEE has the moral
power to take away the prizes awarded to international criminals, by overseeing
that prizes are awarded only to peace
champions (Santi-raja), there is a clear flaw in the ethical duty to
supervise those who are supported by a Peace Prize. Although the NORWEGIAN NOBEL COMMITTEE does not have
juridical power to sanction the criminals it awarded, it certainly has the
moral power to sanction them ethically by canceling the prize. Moreover,
granting criminals with a Nobel Peace
Prize along with a large sum of money is not only a public incitement to
follow the criminal's behavior, but is also providing them with monetary means
to continue carrying out such crimes
against peace. Clearly, the NORWEGIAN
NOBEL COMMITTEE has never taken steps to prevent the Nobel Peace Prize from falling into the hands of international
criminals, to whom it has supported through such a noble prize. Through the International Covenant on Civil and
Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination and the
American Convention on Human Rights,
the International Law prohibits any propaganda or incitement in favor of war,
racism, discrimination and violence, so that undoubtedly the act of awarding Nobel Peace Prizes to those who commit
international crimes constitutes a violation of the International Law. The act
of judging the NORWEGIAN NOBEL COMMITTEE
for Complicity
with Crimes against Peace is something unique in world jurisprudence,
being of transcendental importance for present and future generations, since it
is a teaching about what is truly Peace
(Santi). In revalidating the actions of international criminals through the
awarding of Nobel Peace Prizes, the NORWEGIAN NOBEL COMMITTEE has violated
the solidarity that unites the nations of the world, by maintaining the
practice of inadequate peace or false peace that does not really solve
the conflicts but worsens them through the use of violence and war. Even if
they are self-defense actions, violence and war never lead to Peace (Santi) and justice. The Buddhist Tribunal on Human Rights
agrees with the Kellogg-Briand Pact
on condemning war as an inadequate way of resolving international disputes,
having to renounce to it in order to maintain adequate and peaceful relations
between the peoples. The NORWEGIAN NOBEL
COMMITTEE has rewarded individuals who have used war as a national policy,
which is illegal under International Law. The complicity of NORWEGIAN NOBEL COMMITTEE constitutes a
supreme offense against international ethics and the sacredness of the human
right to Peace (Santi). In this way,
the fact that the international community does not impose any sanction against
the NORWEGIAN NOBEL COMMITTEE does
not mean this organization was unpunished in the face of the Buddhist Law.
Unlike traditional jurists,
Maitriyana cannot remain silent in the face of phenomena of contemporary
civilization that threaten world peace and the rule of righteousness (dhamma-cakkam). The Buddhist Law as an
ethical order ruling the peaceful coexistence among peoples has much to say in
the face of the world's problems, never yielding to the phenomenon of war. The
Maitriyana has juridical capability of processing and solving events that
produce miseries at the international level, carrying out an ethical analysis
on the causes and solutions of the ills of the world. In this way, the Buddhist
law makes a contemplative use of reason to denounce war and militarism as
insane violations of international human rights standards. At the same time,
the Maitriyana proposes the construction of a new international community that
will definitively puts an end to the illegal resource of war. Obviously, the
development of a pacifist civilization involves the challenge of eliminating
discrimination and violence from communities and individuals. The Buddhist Law
states that there is an absolute contradiction between war and justice. In
agreement with the jurist Luigi Ferrajoli, the Maitriyana confirms that war is
the denial of human rights, just as
Buddhist Law is the denial of war.
The Buddhist Tribunal on Human Rights
states that crimes against peace are
prohibited in an omni-comprehensive way by the Nuremberg Tribunal and also by the Charter of the United Nations, since the threat and use of military
force undermine the integrity and independence of the peoples in an
incompatible way with the purposes of humanity. Like International Law,
Maitriyana declares that wars are illegal and that conflicts must be resolved
only by peaceful means, never jeopardizing or endangering Peace (Santi) and international justice through illusions and false
just wars or humanitarian wars. Buddhist law considers any justification for war
as unlawful, since its verbal defense is an act as criminal as carrying out the
war. In this sense, the Maitriyana affirms that justificationism that uses resources such as holy wars, just wars, ethical wars or humanitarian wars, constitutes complicity with crimes against peace,
instead of complying with international law and resolving disputes by peaceful
and adequate means. Against this, the Buddhist Law denounces as false peace those Nobel Prizes awarded to criminals who have carried out acts of war
or violence, by arguing that this false
peace has an immoral and anti-legal nature because it produces devastating
effects on the civilian population by stripping them of their fundamental
rights. In the same way as jurist Luigi Ferrajoli, the Maitriyana understands
war as an absolute evil, stating that
it is false the idea that good and Peace
(Santi) can be reached by evil and warlike means. Because contemporary
civilization uses the idea of just, ethical and humanitarian wars that aim to seek Peace (Santi), the Buddhist Law then considers it is necessary to
clarify that this false peace is
totally opposed to the vision of right
and appropriate peace (Samma-santi) of Maitriyana. False peace, which is the apparent quest for Peace (Santi) by violent means, violates the ethical principle of
doing the least possible harm by attacking thousands of peaceful civilian lives
in the name of freedom. False peace
and false freedom violate the right
to life of the human being, while violating political, economic, cultural and
environmental rights, achieving an inadequate
or incorrect peace that, in fact, has aggravated the conflict it intended
to solve. This fundamental incapacity of war to achieve Peace (Santi) not only can be perceived by the example of American
atomic bombs thrown at two Japanese cities, massacring thousands of civilians
and sending the dangerous message to the world that it is legitimate to use
nuclear weapons, but is also evident in the case of the fight against
terrorism, which has been worsened and strengthened instead of eliminating the
causes that have generated it. For the Buddhist Law, war only generates an
uncontrollable spiral of greed, hatred and deceit. In fact, just or ethical war is merely an excuse
to invade other countries for economic reasons. Faced with this perverse
feature of capitalist civilization, the Maitriyana agrees with Ferrajoli that a
global and cosmopolitan government must be created, being similar to a Constitutional Democratic Supra-State or
Human Rights State that effectively
complies with the norms of International Law, unlike what has been done by the
UN. The mission of this new type of international community must be the
guarantee of world peace and the rule of
righteousness (dhamma-cakkam), which can only be achieved by disarming both
the States and the citizens of the world, prohibiting the production and
trading of all kinds of weaponry, which would obviously reduce both citizen
crime and international wars to the minimum. This goal is one of the main
responsibilities assumed by the Buddhist Law, seeking to ensure that the
economic funds of the enormous military budgets are destined to cure social
injustice, ignorance and pollution. In harmony with Ferrajoli's long-term realism, the Maitriyana
proposes the utopian way of a democratic reform of the international community,
establishing a system of liberty, equality and fraternity in the relations
between peoples. This construction of a future pacifist civilization that is a
real alternative to the present warlike civilization is the maximum fulfillment
of the human rights of all peoples, which is the main ethical and legal aim of
Buddhist Law.
The Maitriyana, which was born for
the good and the happiness of humankind
(manussaloka hita-sukhataya jato), honors Siddharta Gautama as an architect
not only of Buddhist Law but also of the path of fundamental rights, which are
understood as intrinsic dignity or righteous law. Maitriyana possesses a
juridical-political theory that installs itself in the history of philosophical
thought as the maximum representative of the ideal of world peace and the rule of righteousness (dhamma-cakkam),
considering that the fundamental rights impose negative limits and positive
bonds to the executive, legislative and judicial powers. In this way, the
Buddhist Law belongs to the iusphilosophical
tradition of creators of world peace, such as Kant, Hegel and Ferrajoli.
However, Maitriyana has the singularity of presenting a new contribution to the
struggle for world peace and the rule of
righteousness (dhamma-cakkam) that is different from the contribution of
other authors, since it proposes as necessary to implement a world-wide Ethical
Power that corrects and guides the international community toward the
fulfillment of the human rights and fundamental freedoms. Unlike State Law, the
Buddhist Law has no coercive power, being a model of Supra-State Law whose constitutionalism has the transcendental
values of liberty, equality and fraternity as its legitimating foundation. This
utopia (brahma-vihara) of the
Maitriyana's juridical cosmovision is a critical alternative to the
contemporary civilization. For two thousand six hundred years the model of all
political juridical organization of Buddhist Law has been the tribal republic (sangha), which is a
utopian community that has justice as its central issue, considering the
supremacy of the contemplative reason as a cornerstone. It is also a proposal
that returns to the ideals of compassionate wisdom (karuna-prajña), so that it
is both a theory and praxis of life. The spiritual commune of Maitriyana is the
place of a critical encounter between various disciplines that share a similar
way of understanding life and the world, clearly stating that the utopia (brahma-vihara) of world peace
and the rule of righteousness
(dhamma-cakkam) is possible and necessary. Thus, the Buddhist Law is both
an ancient and a new paradigm in which social relations between individuals and
state powers must be founded on the basis of Peace (Santi), justice, education and health. Therefore, it is a
direction beyond egoism, dualism and consumerism; because it transcends the
Ego, the Ideology and the Nation, being a new perspective whose main role is
human rights. The Maitriyana is the ultimate expression of the desire to
transform reality, seeking to create a better world without falling into the
illusion of a perfect, permanent and substantial world. It is about the
construction of a new libertarian and emancipatory alternative for humanity,
aspiring to a new way of political, economic, cultural and ecological
organization where world peace, social justice, advanced education and
environmental health will reign. In this sense, the utopian juridical
cosmovision of Buddhist Law is based on contemplative rationality, which always
perceives the constitutional democracy as a guarantee of the fulfillment of the
fundamental rights that transcend the mere parliamentary agreement of the
majorities, since it protects nothing less than the adequate liberty (samma-vimutti) and intrinsic dignity of the human
being. The legal principles of Maitriyana position it as a guarantor movement
of the fundamental rights facing the state powers, developing a contemplative
science that is constantly socially engaged with an ethical, critical and
projective function. The constitutionality of Buddhist Law allows knowing the
reality of the suffering of the fellow beings, who suffer injustices,
aggressions and oppressions against their fundamental rights, in order to offer
adequate and non-provisional solutions. The Maitriyana always defends the
victims, the poor and oppressed, reconfiguring justice as a guardian system of
liberty, equality and fraternity. In this way, from the supranational paradigm
of the Buddhist Law a new civilization can be created that establishes the
empire of ethical values, by vanishing the primitive empire of war, injustice,
ignorance and pollution. In agreement with Ferrajoli, the Maitriyana points to
a global constitutionalism, building
a cosmopolitan democracy that
guarantees the full compliance of human rights and fundamental freedoms. Here,
Abolitionism becomes the formulation of the annulment of State Law, which
should leave place for the operative effectiveness of International Law in
order to ensure harmonious coexistence and peaceful solution of conflicts both
between individuals and between nations. Although the legitimacy of Buddhist
Law does not come from the consensus of the majority (consensus omnium) of
society, its foundation of legitimacy is nothing less than the defense of
liberty, equality and fraternity, which are superior values to both laws and
acts of the governments of majorities. Although the universal system of human
rights is currently in crisis and decay due to populist regimes emerging as
symptoms of the decline of capitalist civilization, undoubtedly, the Path of
the Maitriyana will never fail to sustain the constitutionality of fundamental
rights, guiding the peoples toward a global democratic constitutionalism. This
utopia goes back to the ancient Buddhist
Civilization, appealing to conquer the world through the Purpose (Dharma) of world peace and the rule of righteousness (dhamma-cakkam). In
this way, the Maitriyana does not aim at a mythical time and place, but rather
is a critical way to build a better world in the here and now. This perspective
revalues not only the ethical value of Peace
(Santi), but also its pragmatic value, because in times of Peace (Santi) people are happier, more
developed and friendly, while in times of war only the suffering, involution
and hatred emerge. The Utopia of Buddhist Law is a New Reformation that criticizes the incorrect concept of Peace (Santi) that is characteristic of
contemporary civilization, building what is understood as righteous or adequate peace (Samma-santi). A just society can only
be developed as a product of the beneficial result of the defense of the
supreme human right to Peace (Santi).
Like the juridical tradition of Kant and Ferrajoli, the Maitriyana seeks the
establishment of a Cosmopolitan Supra-State that abolishes war by means of the
unity of the peoples, bringing Peace
(Santi) back, which is the intrinsic nature of the human being. Such a
Cosmopolitan Supra-State must be ruled by World or International Law, which is
what the Buddhist Law is proposed to be. The Maitriyana designs an ethical
framework of international community in which ethics, metapolitics and justice
are integrated, and where Peace (Santi)
should not be established but rather reconquered,
since it is the natural condition or intrinsic dignity of humanity, even though
this has been forgotten. In tune with Kant and Ferrajoli, the Buddhist Law has
the idea of creating an international community regulated by world peace and
democracy, fully recognizing and fulfilling the fundamental rights of sentient
beings. This is because Buddhist Spirituality is the incarnation of the Supreme
Compassion (Maha Karuna) extended to all humankind, animals and the Cosmos.
Therefore, because they belong to a higher legal ethical order, the spiritual
masters of Maitriyana can never stop saying what the world should be. In agreement with Ferrajoli, the Buddhist Law proposes
to erect a new international community that is a Constitutional Supra-State of Fundamental Rights, functioning above
all the local executive, legislative and judicial powers. The daily work of
Maitriyana, whose force of righteous and
adequate peace (Samma-santi) is
reconciliation (maitri), aspires to the effective realization of this social construction.
By eliminating violence and war as legal sanctions, the Buddhist Law is a
global juridical pacifism whose utopian horizon is to reshape contemporary
civilization. This cosmovision teaches the peoples to be liberated from all
forms of domination that violate their fundamental rights, so that
contemplative reason is always directed by the
Analytical-Existential-Libertarian Discourse (Buddha-Dharma-Sangha). Thus, the
Maitriyana's ethical and spiritual counterculture has a constituent legal
function. In this way, the juridical
sense of Buddhist Law is guided by the logic of contemplative rationality,
which is recognized for its ethical and evolutionary character, so it is not
tied to the production of legal norms but rather to transcendental values of
the human being. In this way, the duty or
raison d'être of Maitriyana's justice is a metapolitical theory and
practice. By placing itself on the raison
d'être of justice, the praxis of Buddhist Law eliminates the antinomies and
fills the gaps of State Law by means of the normative principles of coherence, unity and plenitude. But
the courts of Maitriyana, as well as the role of the spiritual commune (sangha)
during Buddhic Civilization, are mainly characterized by guaranteeing the
fundamental rights, so that they are courts of Ethical Power with positive
(legitimating) and negative (delegitimating) functions with respect to the
actions of the state powers (executive, legislative and judicial). This utopia
of Buddhist Law transforms justice in the direction of the fundamental rights
of liberty, equality and fraternity. Obviously, this implies that States will
be subordinated to the fulfillment of fundamental rights, and not to their mere
recognition. The courts of the Maitriyana are a great juridical utopia that
will never be realized in a complete way, although certainly in each case
judged it is realized in a partial form, because it is about a Path and never a
finished construct. The Buddhist Law, as supra-state global constitutionalism,
is deeply linked to the fundamental rights and never dissociates itself from
the idea that world citizenship has
universal access to Peace (Santi),
justice, education and health. The constitutional legal dimension of Maitriyana
is then integrated to the level of supra-state democracy and humanitarianism in
which it is imperative to abolish war, poverty, ignorance and pollution. In the
struggle for the Buddhist Law as a contemplative reason there is a realistic
path towards the metapolitical juridical utopia, by glimpsing an emancipatory
horizon of the human being in a clear and bright way. This ethical, juridical
and metapolitical construction implies to surpass the limits of the national
States, thinking from a globalized conscience whose support is liberty,
equality and fraternity. The utopian juridical program carried out by the
Maitriyana's courts demands the ongoing struggle for higher principles of
fundamental rights, such as the supreme human right to Peace (Santi), which is frequently violated by States and
international bodies. As long as there is no righteous and adequate peace (Samma-santi), according to the point
of view of the Buddhist Law, the international community will be failing, since
violence and war -even when carried out for supposed ethical purposes- are
unlawful and immoral acts. Although the Path
of Peace (Santimagga) followed by Maitriyana is certainly difficult, for it
implies the fulfillment of justice and the fundamental rights, there is no other alternative as long as
the survival of the world is sought.
Throughout the whole of its
practice and theory, the Buddhist Law has demonstrated a social engagement with
world peace and the rule of righteousness
(dhamma-cakkam), being totally against any form of war, even denouncing
that those supposed holy, just, ethical and humanitarian wars are nothing more than
false peace or inadequate peace. For
this reason, the courts of Maitriyana are within the tradition of juridical
pacifism, whose model goes beyond state sovereignty in proposing that Peace (Santi) is a supreme international
regulation. In accordance with Ferrajoli, the Buddhist Law califies war as the
absolute denial of human rights, performing a pacifist activism that has been
recorded in numerous cases and sentences of the Buddhist Tribunal on Human Rights. With the same pacifist
commitment of Gautama's, the Maitriyana responds to wars by means of arguments
that de-legitimize their validity and legality, which means extending the
abolitionist logic to the international field. Thus, the juridical pacifism of
Buddhist Law even transcends dialectically the works of great jurists such as
Kelsen, Bobbio and Ferrajoli, producing a major rupture with respect to the
principles of State Law, which tend to undermine the development of
International Law. Like Ferrajoli, the Maitriyana affirms that there is a pluralism of the regulations of
International Law, because there are international normative orders that are
diverse and independent within which it is undoubtedly found the Buddhist Law. There
are not only multiple state juridical regulations but also international ones,
because the UN has failed to consolidate itself as the great framework of
International Law. In this sense, the Maitriyana would agree with the jurist
Kelsen in the fact that Customary International
Law is a priority over any regulatory order. For this reason, the Buddhist
Law has so much value for the world, being a customary legal system with two
thousand six hundred years of practice and theory, protecting the citizenship
with respect to the sovereign powers of the States, to which it is intended to
limit in Representation of the fundamental rights. The legal pacifism of
Maitriyana must criticize the antinomies of
State Law that are contrary to the protection of the human right to Peace (Santi), also having to fill the absences of the normative guarantees.
This conception leads Buddhist Law to consider that the war, poverty, ignorance
and pollution that people suffer are juridical violations. In this way, the
Maitriyana reformulates the International Law from a new ethical, abolitionist
and restorative paradigm, criticizing the unfulfilled promises of the
International Law of UN with regard to Peace
(Santi) and human rights. The legal nature of Buddhist Law is then communal but also international, and it is precisely the prohibition of violence and
war which is its constitutive norm, since conflict resolution must always be
through righteous and adequate peace
(Samma-santi). This implies a show of respect for the peace agreement in
Colombia, even though it may be included as a possible proof of the present
case, since restorative justice has the right to special jurisdictions in order
to resolve international wars and conflicts. Thus the Maitriyana argues that
legality and justice must be clearly guided by ethical values and never by mere
conventional laws that often justify the perverse existence of legal, just or humanitarian wars. Within the juridical pacifist paradigm of
Buddhist Law, the legal exercise of
violence and war is contradictory to fundamental rights, since Peace (Santi) is the structural essence
of justice. When the law is not at the service of the peaceful settlement of
disputes, making a justified use of violence or war, then the law becomes
illegitimate. The Maitriyana concludes that Peace
(Santi) consists of the Perennial Law
of human nature or intrinsic dignity, whereas war is only an artificial and
irrational construction of the State. From this perspective, the use of
violence should never be exercised by the individual neither by the State, so
that the legal foundation of Buddhist Law is the prohibition of all forms of
violence. In agreement with Ferrajoli, the Maitriyana considers that affirming
the existence of supposed just,
legitimate, ethical or humanitarian
wars is nothing more than to appeal to the contradiction of ethical or humanitarian genocides. Thus,
in line with Ferrajoli, it is established that humanitarian military
interventions have purely terrorist
connotations, and therefore any political or moral justification of war is
illegal. Since the time of Master
Gautama and King Ashoka, the Buddhist Spirituality has explicitly taught that conquest
by means of armies must be abandoned, replacing that primitive mechanism
with conquest by means of Law (dharmavijaya), disseminating the message
of Peace and tolerance instead of war and hatred. The fundamental norm of
Buddhist Law is the prohibition of war, and this prohibition is what Ferrajoli
has proposed as a fundamental norm for all legal regulations of International
Law. At the same time, the Buddhist
Tribunal on Human Rights meets the idea of the jurist Kelsen to create an
international court with universal jurisdiction that has the capacity to
prosecute individuals. The juridical pacifism of Maitriyana also goes beyond
the mere abolition of war (adandena asatthena), since not only proposes Peace
(Santi) as a means of resolving national and international conflicts, but
also conceives the close link between world peace, social justice, advanced
education and environmental health. In this way, like Ferrajoli, the Buddhist
Law is a pacifism concerned with the full compliance of International Human
Rights Law, seeking the abolition of war, poverty, ignorance and pollution. This
implies prohibiting and declaring armies and armaments as illegal, redirecting
the huge military expenditures toward eliminating social inequality. Thus, the
role of the Buddhist Tribunal on Human
Rights is fundamental for the world, being an example of how a network of
international legal institutions should be created to guarantee fundamental
rights. The Maitriyana does not propose a unicentric and monist juridical
globalism, but rather agrees with Ferrajoli in proposing a polycentric and
pluralistic juridical cosmopolitanism, which is a multidimensional
constitutionalism without State. This model of Buddhist Law is
concretized around the four social dimensions of politics, economics, culture
and environment, proposing multiple international legal authorities that are
independent for the full compliance with the fundamental rights. This means
that there should be hundreds of international criminal courts and hundreds of
international civil courts, among others, instead of just having a single world
court. Even there should be multiple constitutional courts to review the
resolutions of international bodies such as the UN and UNESCO, as the Buddhist Tribunal on Human Rights is
currently doing. Although International Law is still delayed by the
predominance of State Law, the Maitriyana agrees with Ferrajoli in indicating
the horizon toward which the international community should go. This practical Path of Buddhist Law is
accompanied by the powerful Analytical-Existential-Libertarian Discourse
(Buddha-Dharma-Sangha), which is capable of producing a global counterhegemonic
transformation from the very foundations of society, ensuring the survival
of humanity and Mother Earth through the fulfillment of the human right to Peace
(Santi) and the human right to a healthy environment. In this sense, the
validation of jurist Ferrajoli regarding the Permanent Peoples' Tribunal movement is very encouraging, defending
it as a way for society to do justice, to fight against impunity and to defend
International Law. Therefore, this strong support falls on the Maitriyana and
its Buddhist Tribunal on Human Rights.
The political, economic, cultural
and environmental changes that have taken place during the last two thousand
and six hundred years in many places of the world have not led the Buddhist Law
to abandon its spiritual traditions and ethical schemes. Even when making an
adaptation of the language according to the times and challenges of the
present, the Maitriyana is always maintaining the perennial core of
Spirituality. For this reason, the Buddhist Law teaches the new generations how
to fully enjoy Peace (Santi), social
justice, education and health, rethinking the democratic system and the human
rights. Faced with these essential themes the Maitriyana proposes a pragmatic
and conceptual framework whose central axis is empathy, always identifying with
the suffering of others. This means that the Buddhist Law is a metahistorical movement, since by
positioning itself in the perennial heart of compassionate wisdom
(karuna-prajna) it connects with the inner and outer world of every suffering
sentient being. In this way, the Maitriyana maintains an enormous and
unbreakable commitment to Truth, memory and justice, developing a peaceful and
idealistic struggle for a better world. The starting point for this Path must
be the empathic civilization, which is the development of peaceful and
harmonious coexistence both between peoples and between humanity and nature.
This goal leads to Buddhist Law and its pursuit of democratization and culture
of justice. Currently, the Buddhist People have enjoyed two thousand six hundred
years of history of culture of Peace
(Santi), so that their experiences are vital for the future of humanity. Thus,
the Maitriyana pathway is an absolute disregard for militarism, seeking to
extinguish it completely through the Rule
of Law and Righteousness (dhamma-cakkam). By propitiating the ethical
transformation of society, the Buddhist Law is the main protagonist in
establishing the empathic civilization, introducing and consolidating a systematic and generalized plan for the
evolution of people. However, enormous challenges have to be faced in order
to fulfill this Purpose (Dharma), having the duty to teach the individual to
transform his or her daily behaviors and attitudes towards life. In this sense,
the strengthening of liberty, equality and fraternity is a challenge that must
be assumed both in the external world and in the internal world, avoiding falling
into the superficiality of the mass media. Looking to the past and future, the
Maitriyana gives form in the present to a democratic way that protects and
evolves the human rights, being a foundational action of a new international
order where the scourges of war, poverty, ignorance and pollution are
adequately combated. Indeed, the framework of empathic civilization proposed by
the spiritual masters allows addressing the ills of the world by considering
the lessons of the past, the sufferings of the present and the goals of the
future. The Buddhist Law, as a Global
Ethical Power, has the duty to confront these conflicts, seeking the fulfillment
of human rights in order to build a civilization of Peace (Santi) and solidarity.
The Maitriyana makes a critical
analysis of how the regimes of the world perversely violate democracy and
establish authoritarianism in the name of Peace
(Santi) and justice. This is due to the complicity by omission of those who
do not denounce evil and tolerate the great genocides of history. The
contemporary world lacks adequate ethical leadership, for the major superpowers
and even some Nobel Peace Prizes seem to be actively participating in crimes against humanity. This shows that
there is currently a clash of
civilizations between the present Capitalist Civilization and the Dharmic
Civilization of the future. Because history is moving towards a political, economic,
cultural and environmental evolution in the form of socialist libertarian
democracy, which is the best possible social order, then there is a resistance
of the current status quo with respect to the emergence of a luminous planetary
new social order. There is undoubtedly a clash
of civilizations between the contemporary materialistic civilization and
the peaceful buddhic civilization that will inevitably emerge. This
evolutionary inevitability is due to
the fact that humanity is at a point in its history in which, if it does not
accept the harmonious lifestyle
(samma-cariya) based on peaceful coexistence, then it will disappear from
the face of the planet through self-destruction based on world war, extreme
poverty, illiteracy and the destruction of ecosystems. Therefore, there is a
turning point in which the human being must make the following decision: to
evolve or perish. Thus, if humankind will survive it will inevitably be due to an ethical transformation or spiritual
evolution of the international community. The Buddhist Law is then a progress
on the Path of Peace (Santimagga)
toward the emergence of this new order of planetary justice. While the Buddhist Tribunal on Human Rights
criticizes USA's claim to be the world
police, the Ethical Power of Maitriyana is undoubtedly in favor of building
a universal Juridical Power in which all citizens and nations of the world are
able to solve conflicts through appropriate peaceful means. This goal to which
the Buddhist Tribunal on Human Rights
contributes is the most important democratic norm in history, being the great
legacy of spiritual masters so that the present and future generations may
learn to live in equanimity and adequate tolerance. The Buddhist Law, despite
having problematic relationships toward the authoritarian powers of the world,
represents the ethical and contemplative
use of reason, developing a space of peak knowledge (satori) that is
countercurrent to the State control. In a world where many social activists are
considered terrorists, clearly the Maitriyana's socially engaged mission
endangers or threatens the weaponry status quo. Although it would be foolish to
characterize the Buddhist Tribunal on
Human Rights as a terrorist movement, it is undoubtedly a pacifist
tradition of civil resistance against the authoritarian governments that are
violating human dignity and adequate liberty (samma-vimutti). These authoritarian regimes that have caused genocides, ethnic cleansings, crimes against
humanity, crimes against peace and
ecocides, have often been awarded with the Nobel Peace Prize, which is why the Buddhist Law has not hesitated
to make an ethical judgment against the NORWEGIAN
NOBEL COMMITTEE. While the capitalist civilization does not lead to the
vision of emancipated humanity, the Maitriyana proposes the construction of a
new ethical universalism. Since the materialistic liberal universalism of
the contemporary civilization has absolutely failed, which its greatest
symptoms are terrorism and populism, the Buddhist Law is positioned beyond the
left and right politics in proposing a libertarian
socialist universalism as a solution to the great problems of the world
which are wars, social injustice, ignorance and pollution. The Maitriyana works
in the development of a new style of living
for the Law (dhammacariya), seeking the reconciliation (maitri) of humanity
both with itself and with the Mother Earth. This implies a psychic and social
transformation of the human being, who must assume the guidelines of Peace (Santi), justice, knowledge and
ecology, since otherwise humanity will self-destruct. Although the Buddhist Law
does not have political and economic power, it certainly has an ethical and
cultural power that is powerful enough not only to criticize the course of
civilization but also to offer a new alternative pathway. The Maitriyana
confirms that the global revolution will not come from the figures of workers,
as Marxism mistakenly considered, but rather the future global revolution will
come actually from those human beings willing to realize an existence of Peace (Santi) and respect for the entire
human community and also toward all ecosystems. Therefore, in order to
establish this new relationship with society and with nature, it is fundamental
a radical change at the political, economic, cultural and environmental levels,
being what the Buddhist Law calls the ethical evolution of human being. Only
this spiritual revolution will guarantee world peace and the rule of righteousness (dhamma-cakkam)
among the different nations of the world. In accordance with Hegel,
Maitriyana's ethics culminates into an act of heroism and self-sacrifice for
the welfare of all sentient beings, which means a commitment to the criticism
and correction of the violent relations between States. The task that is
urgently imposed by the Buddhist
Tribunal on Human Rights is to civilize
the civilization, developing the rule of universal solidarity and mutual
support among all the peoples of the world. The evaluations of Buddhist Law are
necessary for the survival and evolution of humankind, overcoming the regime of
materialistic expansionism to replace it with an international community of
cooperation, altruism and libertarian socialism. In spite of the miseries of
current civilization, the Maitriyana teaches that the idea of peace should not
be perverted, and that its name should never be associated with the defense of
war. The Buddhist Tribunal on Human
Rights is a transnational organization with ethical authority to use universal jurisdiction and to make that
the sovereignty of the States is limited by the fulfillment of human and
environmental rights. This Supreme
Ethical Power that characterizes Maitriyana descends directly from the best
spiritual traditions of the past, which even knew how to become authentic
civilizations. The duty of the Buddhist Law is not to be an accomplice of human
rights violators, but rather to fight for the defense of the most important
ethical legacy in history, which is fundamental to the survival and evolution
of humanity. In the contemporary civilization, the Buddhist Tribunal on Human Rights is increasingly alone, since even
some Nobel Peace Prize laureates
often violate human rights. However, even though Maitriyana is alone, only the
Buddhist Spirituality can save the world.
Unlike the NORWEGIAN NOBEL COMMITTEE, the Buddhist Law teaches the nations of
the world how to cultivate inner Peace
(ajjhatta-santi) and outer peace, conveying that righteous and adequate peace (samma-santi) can only be achieved
through the three essential practices of contemplation
(dhyana), compassionate wisdom
(karuna-prajna) and ethics (sila).
The Maitriyana trains the individual to become a peace champion (santi-raja), who can assume a position of
tranquility and serenity in the face of the great adversities of existence,
overcoming them through the peaceful resolution of conflicts, by the
achievement of Evanescence (Nirvana) or Sublimation of greed, hatred and deceit.
Therefore, the Buddhist Law is the Path
of Peace (Santimagga), being deeply associated with the attitude of
reconciliation (maitri) and solidarity, which is fundamental to be able to
learn with equanimity, overcoming conflicts and never causing harm to others.
This allows the individual to become a peace
champion (santi-raja) that is someone who is empty of selfishness, dualism
and consumerism, being free from attachments and determinations of the materialistic
civilization. In this way, the Maitriyana or Path of Peace (Santimagga) is actually a harmonious lifestyle (samma-cariya) in which the subject learns to
be a peaceful force of love, evolution and Awakening (Bodhi) toward all beings,
instead of being attached to the Ego, the Ideology and the State. This
obviously implies denouncing the contemporary civilization as a system of
domination and exploitation for both the poor and the Nature. The practice of
the Free and Enlightened Beings (Arhats-Bodhisattvas) is an absolute defense of
peace (santi) in mind, in society and
in the planet, because its action is a permanent
revolution of contemplation (dhyana),
compassionate wisdom (karuna-prajña)
and ethics (sila) around the world.
These practices are the true way of contributing to the righteous and adequate peace (samma-santi), by performing
non-violent humanitarian actions and transcendental values that transform and
evolve the human life. The Buddhist Law affirms that every individual has
intrinsic dignity, which is the foundation of human rights, so that everyone
can become Free and Enlightened Beings (Arhats-Bodhisattvas) provided that they
practice friendship, empathy, tolerance, solidarity and coexistence with their
fellow beings and the Mother Earth. In order to solve global problems at a
political, economic, cultural and environmental level, humankind must ethically
transform its consciousness, by following a harmonious
lifestyle (samma-cariya) of peace, justice, knowledge and health.
In conclusion, the Buddhist Tribunal on Human Rights has
the Purpose (Dharma) to defend True Peace in the world, which implies
criticizing and correcting those organizations that promote a false vision of peace (santi). Therefore, it is
confirmed that NORWEGIAN NOBEL COMMITTEE
is violating the Buddhist Ethics and the human right to peace (santi) by means of complicity with international criminals.
Undoubtedly, the international organizations should be working together in the
creation and maintenance of a pacifist civilization. But without ethical and
spiritual guidance the organizations become corrupt, associating themselves
with a degenerating vision of what is peace. Only by practicing the Path of Peace (Santimagga) taught by
Master Gautama and other Awakened Beings (Buddhas) of history, the
international organizations will be able to develop Peace (Santi) as a way to save humanity. In this way, the Case against
the NORWEGIAN NOBEL COMMITTEE is a
supreme teaching for the entire international community, perfectly
demonstrating what is the Righteous and
Adequate Peace (Samma-Santi). When international organizations are guided
by the Ethical Power of human rights and Buddhist Spirituality, then they
become operators of transformation and evolution of the world.
Following the Path of Master
Gautama, who is the model of the Gautama
Peace Prize, the Buddhist Tribunal
on Human Rights oversees that the international organizations that are
responsible of being ethical leaders do not pervert themselves and do not attack
against world peace and the rule of
righteousness (dhamma-cakkam), so that the NORWEGIAN NOBEL COMMITTEE has been sentenced as "Responsible" for CORRUPTION and
COMPLICITY WITH CRIMES AGAINST PEACE.
With a spirit of reconciliation
(maitri),
Master Maitreya Samyaksambuddha
President and Spiritual Judge of
the International Buddhist Ethics
Committee (IBEC) & Buddhist Tribunal
on Human Rights (BTHR)
