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The contribution of the Emperor Asoka Maurya to the development of the humanitarian ideal in warfare

Published online by Cambridge University Press:  23 November 2010

G.I.A.D. Draper
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Extract

Gerald Draper (1914–1989) was the foremost specialist in humanitarian law of his generation in the United Kingdom, and was well-respected in the law of war community worldwide. He was a Military Prosecutor in the war crimes trials in Germany after the Second World War, and following his retirement from the Army Legal Staff became a distinguished academic, finishing as Professor of Law at the University of Sussex. Draper was a delegate to many International Conferences of the Red Cross as well as to the Diplomatic Conference which drafted the Additional Protocols of 1977.

Type
History of Humanitarian Ideas
Information
International Review of the Red Cross (1961 - 1997) , Volume 35 , Issue 305 , April 1995 , pp. 192 - 206
Copyright
Copyright © International Committee of the Red Cross 1995

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Footnotes

*

Collated and edited with some revision by Michael A. Meyer, Charles Henn and Hilaire McCoubrey from Professor Draper's notes for a lecture on “The Contribution of the Emperor Asoka Maurya to the Early Development of the Humanitarian Approach to Warfare”, which he delivered on 29 November 1982 at Chulalongkorn University in Bangkok, Thailand; and from his notes for a lecture on “The Emperor Asoka Maurya and the Establishment of the Law of Piety”, which he delivered on 1 December 1982 at the Siam Society in Bangkok.

References

1 It is known, for example, that Chandragupta relied much upon his trusted adviser, a Brahmin Minister of State — one Chanakya — who had been a perfume seller. The latter rendered the Emperor considerable assistance and skill in devising the Maurya system of government.

2 These consist of fourteen rock edicts, seven minor rock edicts, two Kalinga edicts, seven pillar edicts and four minor pillar edicts.

3 See Edict XIII, also known as the “Rock Edict” or the “Conquest Edict”, circa 257 BC.

4 From Edict XIII, circa 257 BC.

5 “… One hundred and fifty thousand persons were … carried away captive, one hundred thousand were slain, and many times that number died [in the conquest of the Kalingas] … So that of all the people that were then slain, done to death … if the hundredth part or the thousandth part were now to suffer the same fate, it would be a matter of regret to His Sacred Majesty”. — From Edict XIII, circa 257 BC.

6 From Edict XIII, circa 257 BC.

7 This is a combination of two Buddhist ideas: first, it is a greater sin to kill or inflict suffering upon a holy or a good person than it is to kill or inflict suffering upon an evil person; secondly, all religions teach people to be good, so there must be no religious persecution [eds.].

8 See, in particular, Edict I, circa 256–255 BC; Edict II, circa 256–255 BC; and Edict XIII, circa 257 BC.

9 From Edict XIII, circa 257 BC.

10 Ibid.

11 Ibid.

12 From Edict II, “The Provincial's Edict: The Duties of Officials to the Provincials”, circa 256–255 BC.

13 “Whatsoever my views are I desire them to be acted on in practice and carried into effect by certain means. And in my opinion the chief means for this purpose are my instructions to you, because you have been set over many thousands of living beings that you may gain the affection of good men … You, however, do not grasp this truth to its full extent. Some individual, perchance, pays heed, but to a part only, not the whole. See then to this, for the principle of government is well established … it happens that some individual incurs imprisonment or torture and when the result is his imprisonment without due cause, many other people are deeply grieved. In such a case you must desire to do justice. However, with certain natural dispositions success is impossible, to wit, envy, lack of perseverance, laziness, indolence. You [the officials] must desire that such dispositions be not yours. The root of the whole matter lies in perseverance and patience in applying this principle of government. The indolent man cannot rouse himself to move, yet one must needs move … In the same way you must see to your duty, and be told to remember: — ‘See to my commands; such and such are the instructions of His Sacred Majesty.’ Fulfilment of these bears great fruit, non-fulfilment brings great calamity. By those who fail neither heaven nor the Royal Favour can be won. Ill performance of this duty can never gain my regard, whereas in fulfilling my instructions you will gain heaven and also pay your debt to me … For this purpose has the scripture been here inscribed in order that the administrators of the town may strive without ceasing that the restraint or torture of the townsmen may not take place without due cause. And for this purpose … I shall send forth in rotation every five years such persons as are of mild and temperate disposition, and regardful of the sanctity of life, who knowing that this is my purpose will comply with my instructions ….” From Edict II, “The Provincial's Edict: The Duties of Officials to the Provincials”, circa 256–255 BC.

14 From Edict I, “The Borderers' Edict: The Duties of Officials to the Border Tribes”, circa 256–255 BC.

15 From Edict XIII, circa 257 BC.

16 Ibid.

17 Ibid.