Tímarit lögfræðinga


Tímarit lögfræðinga - 01.12.1989, Page 6

Tímarit lögfræðinga - 01.12.1989, Page 6
Warfare — especially modern warfare with its arsenal of weapons of mass destruction — is the ultimate rape of the natural and human environment. This is so in spite of the governing principle of the Geneva Conventions of 1949, the so-called Red Cross Conventions, which, inter alia, provides that: “Care shall be taken in warfare to protect the natural environ- ment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause damage to the natural environment and thereby to prejudice the health or survival of populations.” In spite of these and similar treaty obligations the arrogance and cruelty of man in times of war seem limitless. 5. Although the United Nations Charter grew forth in the wake of the most horrendous war ever fought in the history of man, this instrument is not confined to the prevention and prohibition of wars. Its basic message, “Mankind’s Right to Peace”, is a far more com- prehensive commandment for present and future generations of man. The general principles provided for in the Charter entail firm commitments for mankind and for governments, indeed for everyone of us not to pollute or poison our wonderful globe; nor should we ruthlessly exploit and exhaust our natural resources. It is our duty to cherish, defend and protect our globe’s myriad of species and life forms of flora and fauna. Mankind as a whole, everyone of us, has fundamental obligations in this respect, obligations of a juridical, moral and ethical character. And these obligations are not complicated to understand nor to comply with. They will follow from common sense and from the “common conscience of mankind”. Dr. Albert Schweitzer, one of the most outstanding humanists of our 20th century, has formulated this principle in the following brief and touching sentence: “Reverence for life and everything alive”. I feel that this humble formulation expresses one of the most basic legal concepts, a concept that must be accepted as fundamental in law and in human relations. One may perhaps venture to describe it as a golden principle of natural law. 6. It is my opinion that mankind — that is every one of us — must demonstrate our respect, indeed our reverence, for the multiplicity and 212

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