Buddhism’s emphasis on compassion and reducing suffering has quietly influenced how we think about protecting people during armed conflict. While Buddhist texts primarily focus on preventing war altogether, they also contain important principles about how conflicts should be conducted when they do occur. These teachings have contributed to the broader development of humanitarian norms that eventually shaped International Humanitarian Law.

Table of Contents

Buddhism’s fundamental commitment to non-violence

At the heart of Buddhist ethics lies the principle of ahimsa, which means non-harming rather than mere non-violence. This principle is embedded in the first of the Five Precepts, which calls for abstaining from killing. The Buddha taught that all beings fear death and suffering, stating in the Dhammapada that people should compare themselves with others and refrain from causing harm. This foundational teaching created a framework for treating all human beings with dignity, regardless of their status in conflict.

The Buddhist concept of universal compassion extends beyond just refraining from harm. It actively calls for loving-kindness toward all sentient beings, including those who might be considered enemies. This ethical vision recognized what modern humanitarian law would later codify: that even in times of war, certain protections must be maintained for those who are vulnerable or unable to fight.

Protection of vulnerable groups during conflict

Buddhist literature contains clear guidance on protecting those who cannot defend themselves. The Dhammapada warns that inflicting violence on the unarmed brings particularly severe karmic consequences, establishing that defenseless people deserve special protection. This principle naturally extended to several categories of vulnerable persons.

Women, children, and the sick

The Buddha’s teaching emphasized that all beings deserve protection and care, particularly those who are weak or unable to resist. The Dalai Lama’s modern interpretation reinforces this ancient principle, teaching that humanity forms a global family with collective responsibility to protect its weakest members, including the wounded, sick, and displaced during armed conflict.

Buddhist texts consistently applied the golden rule to warfare situations. The principle of comparing oneself with others encouraged combatants to consider how they would want to be treated if they were sick, wounded, or unable to fight. This empathetic framework created moral obligations to care for those suffering in conflict, regardless of which side they belonged to.

Humane treatment of prisoners

Buddhist teachings provide detailed guidance on treating prisoners with dignity and compassion. The Jataka stories, which recount previous lives of the Buddha, offer practical examples of how captured enemies should be handled.

The principle of magnanimity toward the defeated

One Jataka story describes Sakka, the king of gods, patiently enduring abuse from a defeated opponent brought before him in ropes. When asked why he showed such restraint, Sakka explained that repaying anger with anger only worsens the situation, while patience wins battles that are hard to win. This story illustrates the Buddhist expectation that victors should transcend the impulse for revenge when dealing with captives.

Another tale recounts a horse that helped its master win a war but then advised him not to kill the seven captured enemy rulers. These narratives consistently teach that magnanimity toward the vanquished represents the highest form of victory, establishing an early framework for what would later become prisoner of war protections.

Practical standards for detention

The Buddhist philosopher Nagarjuna provided concrete guidance in the Ratnavali that closely parallels modern humanitarian law. He advised kings to never execute, bind, or torture prisoners, even if they deserve punishment. Instead, rulers should keep prisoners comfortable by providing barbers, bathing facilities, food, clothing, drink, and medicine. This remarkably specific guidance established minimum standards for humane detention centuries before the Geneva Conventions.

The Sumangala Jataka adds that kings should not impose punishment when emotionally disturbed, as this leads to unethical excesses. This principle recognizes that those who hold power over prisoners must exercise self-control and avoid making decisions driven by anger or hatred.

Individual responsibility for wrongful acts

Buddhism places strong emphasis on individual karma and moral responsibility. Unlike systems that might diffuse responsibility across hierarchies or institutions, Buddhist ethics hold that each person bears the consequences of their own actions. This principle has important implications for how combatants should conduct themselves during war.

The Buddha taught that monks should follow the law of the land, stating that they should act according to the king’s laws. This directive extends to compliance with universally ratified treaties like the Geneva Conventions that aim to minimize suffering. Buddhism thus creates both moral and practical obligations for individuals to uphold humanitarian norms, regardless of orders from superiors.

The concept of karma means that individuals cannot escape responsibility for harmful acts by claiming they were following orders. Each person’s intentions and actions create their own karmic consequences. This framework supported the development of individual accountability principles that would later be codified in international criminal law regarding war crimes.

Prohibition of cruel weapons and methods

Buddhist teachings address not just who should be protected, but how warfare itself should be conducted. The principle of minimizing suffering extends to the weapons and tactics used in conflict.

Early Buddhist texts prohibited the trading of weapons, viewing the distribution of tools designed for taking life as morally problematic. While this didn’t ban weapons manufacture for defensive purposes, it established ethical concerns about instruments of violence. The Brahmajala Sutra’s minor precepts explicitly prohibit the storing of weapons, reflecting unease about maintaining instruments of harm.

The Jataka stories provide guidance on methods of warfare that cause unnecessary suffering. The Asatarupa Jataka strongly condemns siege warfare that results in starvation of civilians, establishing that tactics causing widespread suffering to non-combatants violate Buddhist ethics. This story demonstrates individual and command responsibility for choosing methods that deliberately harm civilian populations.

Prohibition of forced labor and collective punishment

Buddhist ethical principles reject the idea of punishing groups for the actions of individuals. The emphasis on individual karma means that each person should face consequences only for their own actions, not for those of their community or leaders. This understanding naturally opposed collective punishment practices where entire populations might suffer for the decisions of rulers or military commanders.

The broader Buddhist commitment to reducing suffering also created opposition to forced labor practices. Since Buddhism teaches that all beings deserve freedom from suffering and that labor should be undertaken willingly rather than through coercion, these principles provided ethical foundations for opposing the exploitation of conquered populations or prisoners.

Buddhism’s lasting influence on humanitarian thought

The International Committee of the Red Cross launched a major project examining how Buddhism complements and enhances International Humanitarian Law. This research revealed significant convergences between ancient Buddhist teachings and modern humanitarian principles. Both systems recognize common humanity, require distinguishing between combatants and non-combatants, mandate humane treatment of those in captivity, and limit acceptable methods of warfare.

Buddhism’s conversion of Dharma into a universal law applying equally to all sentient beings represented a historic humanitarian breakthrough. This recognition of shared human dignity underlies the duty of respect toward all people and the obligation of impartial care for war’s victims. While Buddhist texts don’t provide detailed rules for every aspect of modern warfare, they offer ethical frameworks and psychological insights that can enhance compliance with humanitarian norms.

The Buddhist tradition demonstrates that concern for limiting suffering in war has deep historical and religious roots across cultures. These ancient teachings helped establish moral foundations that would eventually influence the development of international humanitarian law as we know it today.

What do you think? How might ancient religious principles like those found in Buddhism continue to shape modern approaches to protecting people in armed conflict? In what ways can spiritual traditions contribute to ensuring that humanitarian laws are not just followed as legal obligations, but embraced as moral imperatives?

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References
  1. https://plato.stanford.edu/entries/ethics-indian-buddhism/
  2. https://www.icrc.org/en/document/buddhist-perspective-treatment-prisoners-war
  3. https://www.icrc.org/en/document/reducing-suffering-during-conflict-interface-between-buddhism-and-international
  4. https://www.tandfonline.com/doi/full/10.1080/14639947.2021.2145683
  5. https://www.tandfonline.com/doi/full/10.1080/14639947.2022.2080362

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Understanding IHL

1 What is Law and its Role in Society? How is A Country’s Legal System Organised?

  1. What is ‘Law’?
  2. What is the Role of Law in Society?
  3. How is Law Made?
  4. What are the Sources of Law?
  5. How do the Legal Systems of South Asia Work?

2 Where do We Find International Law? How is it Made and How does it Function?

  1. What are the Basic Concepts of International Law?
  2. What are the Sources of International Law?
  3. What is the Meaning of Treaty Making and its Adoption?
  4. What is Customary International Law?
  5. What are General Principles of Law?

3 What is IHL? When Does IHL Apply? How has IHL Developed?

  1. What is International Humanitarian Law (IHL)?
  2. When does IHL Apply?
  3. How has IHL Developed in Buddhist Traditions?
  4. How has IHL Developed in Christian Traditions?
  5. How has IHL Developed in Hindu Traditions?
  6. How has IHL Developed in Islamic Traditions?

4 Where do You Find IHL?

  1. What are the Current Sources of IHL?
  2. What are the Names of IHL Instruments?
  3. How has the Hague Law Developed?
  4. How has the Geneva Law Developed?
  5. How have the Hague Law and the Geneva Law Merged into One?

5 What is Law of Armed Conflict and Law During Armed Conflict?

  1. Principle of Prohibition of Use of Force
  2. Does the Application of IHL Dependent on a Formal Declaration of War?
  3. Right of an Individual or a Collective Self-defence
  4. Just War

6 What is International Armed Conflict? (WAR)

  1. Historical Background
  2. The Concept of Armed Conflict of an International Character
  3. International Armed Conflict and Human Rights
  4. Occupation under Geneva Convention IV

7 What is Non-international Armed Conflict? (Internal War)

  1. Internationalised Armed Conflicts
  2. Historical Background
  3. Different Thresholds for Application
  4. Policy Considerations and Operational Needs
  5. Article 3 of the Geneva Convention
  6. Applicability of the Law

8 Who are the Participants in War?

  1. Combatant Status Before Protocol I of 1977
  2. Third Geneva Convention of 1949
  3. Combatant Status after Protocol I
  4. Loss of Combatant Status
  5. Spies and Mercenaries

9 Who are the Protected Persons under IHL? What are the Protected Objects under IHL?

  1. Protected Persons under IHL
  2. Protected Objects under IHL
  3. Protection of Cultural Property during Armed Conflict
  4. The Grant of Enhanced Protection
  5. The ENMOD Convention

10 Why are Certain Rules more Important in IHL?

  1. Essential Rules of International Humanitarian Law
  2. Why are these Rules Basic and Important?
  3. Common Principles
  4. Principles Proper to the Victims of Conflicts
  5. Principles Proper to the Law of War

11 Rule of Distinction

  1. General Principles of IHL
  2. Position of Distinction of Combatants and Non-combatants in Ancient Texts
  3. The Challenge of Asymmetric Conflicts
  4. Characteristics of Civilians and Combatants
  5. Rule of Distinction under the Additional Protocols 1977 to Geneva Conventions 1949

12 Rule of Proportionality

  1. General Principles of IHL
  2. The Development of Military Necessity in International Humanitarian Law
  3. Difference between Doctrine of Military Necessity and Principle of Proportionality
  4. The Principle of Proportionality in International Humanitarian Law

13 Prohibited and Controlled Weapons

  1. Chemical Weapons
  2. Biological Weapons
  3. Nuclear Weapons
  4. Anti-Personnel Land Mines
  5. Other Conventional Weapons

14 What are the Rules of Protection of the Sick, Wounded and Shipwrecked in War?

  1. The Principle of Immunity of Wounded and Sick Military Personnel and of Medical Personnel and Equipment
  2. Tracing Wounded Sick and Missing Military Personnel in War on Land
  3. The Protection of Wounded Sick and Shipwrecked Military Personnel in War at Sea
  4. Tracing Wounded Sick Shipwrecked and Missing Military Personnel in War at Sea

15 What are the Rules of Protection of Prisoners of War?

  1. Rationale for Protection of Prisoners of War
  2. The 1949 Convention: Protection of Prisoners of War
  3. Beginning of Captivity
  4. Conditions of Captivity
  5. Escape of Prisoners of War
  6. Termination of Captivity

16 What are the Rules of Protection of Civilians?

  1. The Geneva Conventions and Civilian Protection
  2. General Protection of Populations Against Certain Consequences of War
  3. Provisions Common to the Territory of Parties to the Conflict and to Occupied Territory
  4. Aliens in the Territory of a Party to the Conflict
  5. Occupied Territory
  6. Internment
  7. Information Bureau and Tracing Agency

17 What is Meant by the “Grave Breaches” of IHL?

  1. Grave Breaches of the Geneva Conventions in International Armed Conflicts
  2. The Concept of Grave Breaches of IHL and the Concept of War Crimes
  3. Scope of Universal Jurisdiction and Grave Breaches
  4. Individual Responsibility
  5. Establishment of the ICC
  6. Application of the ‘Grave Breaches’ Provisions in Non-International Armed Conflicts

18 What are the Monitoring Mechanisms for Determining Protection?

  1. The Protecting Power in the Framework of Geneva Conventions
  2. The International Fact-finding Mission
  3. Penal Sanctions
  4. Implementation of International Humanitarian Law during Non-International Armed Conflicts
  5. International Committee of the Red Cross and IHL
  6. Implementation Roles of the UN
  7. The Role of Non-governmental Organizations
  8. National Measures

19 What are the Protective Emblems?

  1. The Origins and Development of the Distinctive Emblems
  2. Additional Protocol III and the Introduction of the Red Crystal
  3. The Geneva Conventions and the Protection of Distinctive Emblems
  4. Misuse of the Emblems

20 International Humanitarian Law and Human Rights Law

  1. Origin and Nature of Human Rights Law and Humanitarian Law
  2. Conceptual Similarities in Present-day Humanitarian Law and Human Rights Law
  3. The Mutual Influence of Human Rights and Humanitarian Law

21 International Refugee Law

  1. Origins and Development of International Refugee Law
  2. Determination of Refugee Status
  3. The Concept of Asylum
  4. International Humanitarian Law and Refugees
  5. Refugee Protection in India
  6. Internally Displaced Persons

22 What is the Relationship of IHL with International Criminal Law?

  1. Individual Criminal Responsibility
  2. Command Responsibility
  3. War Crimes and Crimes against Humanity
  4. Nuremberg and Tokyo International Tribunals
  5. International Criminal Prosecution
  6. The Failure of Prosecution through National Jurisdiction
  7. The Problems of International Criminal Courts

23 IHL and the Mandate of the Constitution of India

  1. Geneva Conventions Act 1960
  2. National Implementation of International Humanitarian Law
  3. Case Laws