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Download the Speeches of all Hon'ble Chief Justices & Judges in ...

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gone wrong with him that he was th<strong>in</strong>k<strong>in</strong>g <strong>in</strong> <strong>the</strong>se terms but any way, out <strong>of</strong> respect for him<strong>the</strong>y sent his message to <strong>the</strong>ir sovereigns and that is how <strong>the</strong> great peace conference <strong>of</strong>1899 took place at <strong>the</strong> Hague from which is descended whole l<strong>in</strong>e <strong>of</strong> tribunals start<strong>in</strong>g with<strong>the</strong> Permanent Court <strong>of</strong> Arbitration, <strong>the</strong>n <strong>the</strong> Permanent Court <strong>of</strong> International Justice and<strong>the</strong> International Court <strong>of</strong> Justice, it <strong>all</strong> started <strong>in</strong> 1899 as a result <strong>of</strong> Royal Tsar’s restrictsummon<strong>in</strong>g <strong>the</strong> peace conference at <strong>the</strong> Hague. But people never learn, <strong>the</strong>y had Napoleonicwar to teach <strong>the</strong>m, <strong>the</strong>y had <strong>the</strong> 30 years war to teach <strong>the</strong>m but still <strong>the</strong>y went back to <strong>the</strong>irold ways and <strong>the</strong>re was a great plea made for <strong>the</strong> International Court <strong>of</strong> Justice to be setup which could enter <strong>the</strong> court room <strong>of</strong> justice <strong>in</strong> majesty with authority to decide casesbetween <strong>the</strong> nations big and sm<strong>all</strong>, but <strong>the</strong> big powers would have none <strong>of</strong> this. Theywould not agree and <strong>the</strong> proposal failed. All <strong>the</strong>y were able to get was Permanent Court <strong>of</strong><strong>Hon'ble</strong> Mr Justice C.G. WeeramantaryFormer-Vice President, InternationalCourt <strong>of</strong> Justice, <strong>the</strong> Hague at <strong>the</strong>ConferenceArbitration which was a roster <strong>of</strong> Arbitrators who would be available, <strong>the</strong>y were c<strong>all</strong>ed <strong>the</strong> International Lawyers to decidedisputes if two countries decided to employ <strong>the</strong>m and <strong>the</strong> Permanent Court <strong>of</strong> Arbitration was created. It has just celebratedits 100th anniversary and it did settle numerous disputes between <strong>the</strong> nations which would o<strong>the</strong>rwise have gone to war.So many wars were avoided by <strong>the</strong> Permanent Court <strong>of</strong> Arbitration which started work 100 years ago. But <strong>of</strong> course, thatwas not enough; it was not a court proper and people wait to be taught <strong>the</strong>ir lessons <strong>the</strong> hard way, World War I had tobreak out. Millions had to be killed before people could be brought to <strong>the</strong>ir senses aga<strong>in</strong>. They assembled at Versailles todiscuss how to create a better world order; <strong>the</strong>y discussed how to create an International Court <strong>of</strong> Justice. The proposalnearly failed, m<strong>in</strong>d you it was <strong>the</strong> President <strong>of</strong> America, Woodrow Wilson, a visionary himself who had <strong>the</strong> idea <strong>of</strong> <strong>the</strong>League <strong>of</strong> Nations, he was push<strong>in</strong>g it but America was not beh<strong>in</strong>d him and eventu<strong>all</strong>y he was not able to get his way and<strong>the</strong>re was objection to <strong>the</strong> Permanent Court <strong>of</strong> International Justice. F<strong>in</strong><strong>all</strong>y a compromise formula was worked out. Wewill not give <strong>the</strong> power to summon nations but if nations agree to accept <strong>the</strong> jurisdiction <strong>of</strong> <strong>the</strong> court we will accept it. Sothat was <strong>the</strong> Permanent Court <strong>of</strong> International Justice which was created <strong>the</strong>re and I will recount to you what <strong>the</strong> Belgiumdelegate said at <strong>the</strong> discussion at Versailles. The big nations and sm<strong>all</strong> nations <strong>all</strong> represented <strong>the</strong>re, try<strong>in</strong>g to workout after<strong>the</strong> terrible catastrophe <strong>of</strong> World War I, how can we have a peaceful world order? And this Belgium delegate said ‘Pleasebear with me delegates, I am not Demos<strong>the</strong>nes and I am not Cicero, I do not have oratorical skills but just listen to me fora moment. Preserve silence <strong>in</strong> this h<strong>all</strong>, and you will hear com<strong>in</strong>g from that w<strong>in</strong>dow <strong>the</strong> sound <strong>of</strong> wail<strong>in</strong>g and mourn<strong>in</strong>g.What is that? That is <strong>the</strong> wail<strong>in</strong>g and mourn<strong>in</strong>g <strong>of</strong> <strong>the</strong> wives and mo<strong>the</strong>rs <strong>of</strong> our best young man who died to give us a betterworld. Listen aga<strong>in</strong> for a moment, and from <strong>the</strong> o<strong>the</strong>r w<strong>in</strong>dow you will hear ano<strong>the</strong>r sound <strong>of</strong> wail<strong>in</strong>g and mourn<strong>in</strong>g. Whatis that? That is <strong>the</strong> wail<strong>in</strong>g and mourn<strong>in</strong>g <strong>of</strong> our best and brightest young men who sacrificed <strong>the</strong>ir lives to give us a betterworld. What are we do<strong>in</strong>g here? We are betray<strong>in</strong>g <strong>the</strong>ir memory unless we create a court which can enter <strong>in</strong> majestic formfrom <strong>the</strong> front door and dispense justice to <strong>all</strong> <strong>the</strong> nations, big and sm<strong>all</strong>, with an even hand. We are betray<strong>in</strong>g <strong>the</strong> memories<strong>of</strong> those people. Please bear with me, please <strong>all</strong> <strong>of</strong> you assembled nations here as many <strong>of</strong> you as you can please subscribeto <strong>the</strong> statute <strong>of</strong> <strong>the</strong> court’; and that is how <strong>the</strong> court got its jurisdiction by <strong>the</strong> consent <strong>of</strong> parties.Well, if it had been established as a proper court it could have avoided <strong>the</strong> World War II. But as I said that people take along time to learn, World War II had to occur to br<strong>in</strong>g <strong>the</strong> people to <strong>the</strong> table aga<strong>in</strong>. World War II occurred which, as I said,could have been prevented if <strong>the</strong>re had been a proper International Court and a proper League <strong>of</strong> Nations after <strong>the</strong>sacrifice <strong>of</strong> millions upon millions <strong>of</strong> o<strong>the</strong>r lives. They came to <strong>the</strong> Conference table at San Francisco and <strong>the</strong>re <strong>the</strong>y workedout <strong>the</strong> statute <strong>of</strong> International Court <strong>of</strong> Justice and <strong>the</strong> Charter <strong>of</strong> <strong>the</strong> United Nations. But what was <strong>the</strong> problem aga<strong>in</strong>?The big countries—<strong>the</strong> big countries did not want <strong>the</strong> sm<strong>all</strong> countries to dictate to <strong>the</strong>m. They did not want to surrender<strong>the</strong>ir any part <strong>of</strong> sovereignty to <strong>the</strong>m. Consequently, <strong>the</strong>re was this Veto power which everybody has been talk<strong>in</strong>g abouttoday as a compromise and people did not get to <strong>the</strong> table on terms that <strong>the</strong>re would be an equal body <strong>of</strong> nations whereeverybody could speak on equal turns. So, that is what we are discuss<strong>in</strong>g today and we do not have to wait for World WarIII to br<strong>in</strong>g us back to our senses. The only th<strong>in</strong>g which can save us is <strong>the</strong> International Law; and International Law that isrespected and <strong>the</strong>re should be respect for International Law that grows and grows and grows. Yesterday, I mentioned itand you will bear with me mention<strong>in</strong>g it aga<strong>in</strong>. International Law has to be respected even though it does not have armiesat its command and I gave you an example yesterday, I ask your forgiveness if I repeat it. There was a case between Libyaand Chad. Libya to <strong>the</strong> north and Chad to south had a dispute about <strong>the</strong>ir boundary. Libya said it was to <strong>the</strong> south andChad said it was to <strong>the</strong> north. Libya marched its army <strong>in</strong> occupation <strong>of</strong> <strong>the</strong> disputed territory; Chad came to <strong>the</strong> International--15--

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