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The Supreme Tribunal: making peace answerable to justice

supreme tribunal

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Editorial introduction

Before any tribunal can judge between nations, ‘Abdu’l-Bahá says, lovers of peace must become so numerous that governments are compelled to listen; the institution rests on a public will before it rests on a treaty. From that foundation He describes the design in surprising detail: each parliament electing two or three of its wisest citizens, confirmed by senate, cabinet and sovereign so that every delegate embodies a whole nation; a court whose verdict, once given, leaves plaintiff and defendant no further pretext; and a world that rises together against any government that ignores its ruling. Shoghi Effendi sets this court within a wider commonwealth, with a legislature, an executive and a judgment binding even on parties who never agreed to appear. Kant’s distinction between a treaty that ends one war and a federation meant to end war itself sharpens the question of what such an institution must be [1]. Beyond it lie the unity of governments and the political unity of the race, the Bahá’í House of Justice as a kindred institution, and the civil courts where justice is first made answerable.

Selected passages

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01

A Supreme Tribunal will be established, and difficulties arising between nations and peoples will be resolved in that Supreme Tribunal. This is conditional and dependent upon peace-lovers becoming numerous in the world, love for humanity increasing, public thought becoming oriented toward peace, so that through the abundance of those who love righteousness and peace, nations and governments will be compelled to unite.

(‘Abdu’l-Bahá, Words spoken at home of Mrs. Gastea in Paris, 1911-Nov-26 -- ABU0113)
02

A Supreme Tribunal shall be established by the peoples and Governments of every nation, composed of members elected from each country and Government. The members of this Great Council shall assemble in unity. All disputes of an international character shall be submitted to this Court, its work being to arrange by arbitration everything which otherwise would be a cause of war. The mission of this Tribunal would be to prevent war.

(‘Abdu’l-Bahá, Words spoken on 1911-Nov-29 in Paris -- ABU0705)
03

Should differences arise, they shall be amicably and conclusively settled by the Supreme Tribunal, that shall include members from all the governments and peoples of the world.

(‘Abdu’l-Bahá, Alvah-i-Visaya (Will and Testament), 1922-Jan-03 [date of unsealing] -- AB00001)
04

Therefore He commanded the formation of a Supreme Tribunal, so that all nations and governments would elect representatives--that is, each national assembly would elect a representative, confirmed by the senate, signed by the cabinet ministers, and ratified by the sovereigns or presidents, so that representative would embody the entire nation, nobility, ministers, sovereign and president. From these representatives would be formed an assembly in the utmost joy and fragrance, establishing the Supreme Tribunal. All important matters and great problems between nations and governments would be resolved in this Supreme Tribunal, so that the foundation of war would be destroyed and humanity would be delivered from this shame and disgrace.

(‘Abdu’l-Bahá, 1919-Jul-04, to Spiritual Assembly of Ishqabad -- AB00178)
05

And in case there should arise some disputes between them, they could arbitrate before the Parliament of Man, the representatives of which should be chosen from among the wiser and most judicious men of all the nations of the world."

(‘Abdu’l-Bahá, Words to an army commander, spoken on 1914-May-11 -- ABU0776)
06

VIII. -- The eighth principle of Baha'u'llah is: Universal Peace

A Supreme Tribunal shall be elected by the peoples and governments of every nation, where members from each country and government shall assemble in unity. All disputes shall be brought before this Court, its mission being to prevent war.

(‘Abdu’l-Bahá, Words spoken at Theosophical Society in Paris, Nov. 1911 -- ABU0091)
07

The founding of an international tribunal, to which all the nations of the world shall send authorized representatives to compose this body, and to arbitrate all the international disputes which may arise on the earth. This interparliamentary body will be protected by humanity at large, an ultimate arbiter.

(‘Abdu’l-Bahá, Interview with F. R. Hinkle of the Sacramento Union, 1912-Oct-25 -- ABU0382)
08

International tribunals will be established and certain representatives from amongst all the governments of the earth will be sent to that inter-parliamentary gathering. The era of "the parliament of man" will be ushered in. This international tribunal will be the court of appeals between the nations.

(‘Abdu’l-Bahá, Words spoken at Westminster Palace Hotel in London, 1912-Dec-20 -- ABU0036)
09

This would be the highest court of appeal, and the parliament of man so long dreamed of by poets and idealists would be realized. Its accomplishment would be more far-reaching than the Hague tribunal.

(‘Abdu’l-Bahá, Public address given at Grand Hotel on 1912-Nov-05 -- ABU0788)
10

This international tongue will be used in the work of the parliament of man -- a supreme tribunal of the world which will be permanently established in order to arbitrate international questions. The members of this arbitral court of justice will be representatives of all the countries. It is incumbent upon the nations to obey the commands of this tribunal, for such a tribunal will be under the power of God and for the protection of all men. In all the sacred books where do you find such a statement?

(‘Abdu’l-Bahá, Words spoken ca. 1913 -- ABU0108)
11

A universal tribunal under the power of God, under the protection of all men, shall be established. Each one must obey the decisions of this tribunal, in order to arrange the difficulties of every nation.

(‘Abdu’l-Bahá -- ABU0225)
12

To remedy this condition there must be universal peace. To bring this about, a Supreme Tribunal must be established, representative of all governments and peoples; questions both national and international must be referred thereto, and all must carry out the decrees of this Tribunal. Should any government or people disobey, let the whole world arise against that government or people.

(‘Abdu’l-Bahá, 1920-Jan-28, to Rasmussen, Captain et al -- AB00197)
13

'Abdu'l-Baha showed further how Baha'u'llah had exactly described in one of his books what has since been carried out in the International Council of Arbitration, describing its various functions, some of which have not yet been realized and he (Abdu'l-Baha) would describe them to us now, so that when they were fulfilled, as they would be in the near future, we might know that they had been prophesied by Baha'u'llah.

War was the greatest calamity that could overtake the nations, because the people usually employed in agriculture, trades, commerce, and other useful arts, were taken away from their various occupations and turned into soldiers, so that there was great waste and loss, in addition to the destruction and carnage of war.

Baha'u'llah had said that the functions of the International Court would be to settle disputes that arose from time to time between the nations; to define the exact boundaries of the different countries, and to decide what number of soldiers and guns should be maintained by each nation, according to its population, in order to preserve internal order. For instance, one country might have ten thousand soldiers, another twenty thousand, another fifteen thousand, and so on, in accordance with the size and population of the nation; also if any people rebelled against the decision of the Court and rejected it, the Court would empower the others to join their forces and to endorse their decision, if need be, by united action.

(‘Abdu’l-Bahá, Words spoken in Sep. 1911 in London -- ABU0769)
14

I hope that the members of the League, and especially its benevolent President who seeks the welfare of humanity, will succeed in establishing, in accordance with the teachings of Baha'u'llah, a Supreme Tribunal whose members shall be chosen from among all the nations and governments of the world. This Supreme Tribunal will be the protector and guarantor of universal peace.

(‘Abdu’l-Bahá, 1919-Jun-18, to Hon. William Sulzer -- AB02230)
15

Fifth, universal peace among mankind, and its details. Sixth, the establishment of the Supreme Tribunal, and its details. Seventh, unity between men and women and equality of rights.

(‘Abdu’l-Bahá, 1920-Sep-30, to Davud, Yuhanna et al -- AB01419)
16

All the inventions were perfected, new discoveries created, new fields of human activities, new undertakings gave deeper significance to the law of co-operation; new arts helped to make life more beautiful and new international laws are now in the process of formation to bind all nations of the earth together. The international tribunal of justice will soon be organized in accordance with the principles of Baha'u'llah, and then all differences will be adjusted before the members of that impartial tribunal.

(‘Abdu’l-Bahá, Words spoken in Feb. 1918 -- ABU0644)
17

Now difficulties have arisen between Austria and Serbia - if they would refer resolution of these difficulties to a general tribunal, that supreme court could investigate - if Austria is at fault it would rule accordingly, if another is at fault it would so rule - what need is there for war? A supreme court could resolve this issue. When difficulties arise between individuals, courts of justice resolve them - likewise a supreme court should be established to settle international and interstate difficulties.

(‘Abdu’l-Bahá, Words spoken on 1915-Mar-28 -- ABU0348)
18

6 - Universal peace. A universal court of justice has to be established. Every country must elect 2 or 3 members depending on the size of the population, who are the best, both in competence as well as character. These persons will have to be elected by the countryis parliaments and this choice must be ratified by the people, the ministers and the heads of state, so that these members will be the true representatives of the whole nation. Together they will constitute an international court of arbitration that will deal with all international discord.

(‘Abdu’l-Bahá, Interview with Mrs. Jo Goudsmit at House of the Master in Haifa, 1920-02 ca. -- ABU0477)
19

And His plan is this: that the national assemblies of each country and nation--that is to say parliaments--should elect two or three persons who are the choicest of that nation, and are well informed concerning international laws and the relations between governments and aware of the essential needs of the world of humanity in this day. … The Supreme Tribunal will be composed of these people, and all mankind will thus have a share therein, for every one of these delegates is fully representative of his nation. When the Supreme Tribunal gives a ruling on any international question, either unanimously or by majority rule, there will no longer be any pretext for the plaintiff or ground of objection for the defendant. In case any of the governments or nations, in the execution of the irrefutable decision of the Supreme Tribunal, be negligent or dilatory, the rest of the nations will rise up against it, because all the governments and nations of the world are the supporters of this Supreme Tribunal.

(‘Abdu’l-Bahá, Lawh-i-Lahih (Tablet to the Hague), 1919-Dec-17, to Central Organization for a Durable Peace (the Hague) -- AB00016)

Further quotations · supplied wording and references

20

Some form of a world super-state must needs be evolved, in whose favour all the nations of the world will have willingly ceded every claim to make war, certain rights to impose taxation and all rights to maintain armaments, except for purposes of maintaining internal order within their respective dominions. Such a state will have to include within its orbit an international executive adequate to enforce supreme and unchallengeable authority on every recalcitrant member of the commonwealth; a world parliament whose members shall be elected by the people in their respective countries and whose election shall be confirmed by their respective governments; and a supreme tribunal whose judgment will have a binding effect even in such cases where the parties concerned did not voluntarily agree to submit their case to its consideration.

WOB.040-041

Supplied quotation · catalogue passage not verified

21

The unity of the human race, as envisaged by Baha'u'llah, implies the establishment of a world commonwealth in which all nations, races, creeds and classes are closely and permanently united, and in which the autonomy of its state members and the personal freedom and initiative of the individuals that compose them are definitely and completely safeguarded. … A world executive, backed by an international Force, will carry out the decisions arrived at, and apply the laws enacted by, this world legislature, and will safeguard the organic unity of the whole commonwealth. A world tribunal will adjudicate and deliver its compulsory and final verdict in all and any disputes that may arise between the various elements constituting this universal system.

WOB.203-204

Supplied quotation · catalogue passage not verified

22

With regard to the status of women, the important point for Baha'is to remember is that in the face of the categorical pronouncements in Baha'i Scripture establishing the equality of men and women, the ineligibility of women for membership on the Universal House of Justice does not constitute evidence of the superiority of men over women. It must also be borne in mind that women are not excluded from any other international institution of the Faith. … And, there is nothing in the text to preclude the participation of women in such future international bodies as the Supreme Tribunal.

M86-01 52.8 (31 May 1988 from the Universal House of Justice)

Supplied quotation · catalogue passage not verified

23

From Geneva, the seat of the League of Nations, there comes the news that the fervent plea addressed by the Baha'is of Iraq to the world's supreme Tribunal regarding an issue that for a time has stirred the Baha'i world to its foundation has at last met with a noble and most gratifying response.

BA.175

Supplied quotation · catalogue passage not verified

24

...the institution of the League of Nations, the precursor of that World Tribunal which, as prophesied by that same "Incomparable Branch," the peoples and nations of the earth must needs unitedly establish.

GPB.305

Supplied quotation · catalogue passage not verified

Sentence boundary needs source review; the supplied wording is retained.

25

The remedy of this disease is Universal Peace, and such peace must be organized on behalf of all the powers and nations in a Supreme Tribunal and all national and political questions be referred to it for solution. x, the same shall be carried out, and if any state or nation fails to execute it, the whole world shall arise against it.

(Abdu'l-Baha, Letter to Martha Root)

Catalogue reference: AB00197 · passage alignment is approximate; supplied wording retained.

26

1. and 2. The Supreme Tribunal is an aspect of a World Superstate; the exact nature of its relationship to that State we cannot present foresee. 3. Supreme Tribunal is the correct translation; it will be a contributing factor in establishing the Lesser Peace. There is no statement in the teachings indicating that the Lesser Peace will definitely be established by 1957 or 1963.

LG#1074, DG#184 (19 Nov. 1945 on behalf of Shoghi Effendi, in Baha'i News, No. 210, Aug. 1948, p. 3, in answer to the questions: 1. Is the Supreme Tribunal the world court or world tribunal referred to in "The Unfoldment of World Civilization", p. 41 and "Goal of a New World Order", p. 203? Is it a part of the world Super-State just as our Supreme Court is part of the federal government at Washington? 2. Will the Supreme Tribunal (a world court) exist apart from the world government? 3. From the Master's letter to The Hague it looks like the Supreme Tribunal might of itself establish the Lesser Peace. Some have suggested that possibly the term "Supreme Tribunal" is not the best translation.)

Supplied quotation · catalogue passage not verified

27

The Universal Court of Arbitration and the International Tribunal are the same. When the Baha'i State will be established they will be merged in the Universal House of Justice.

M63-86 422.13 (17 Jun. 1933 on behalf of Shoghi Effendi, in answer to the question: "Is the universal Tribunal, sometimes called by the Master the International Court of Arbitration, identical with the Universal House of Justice? Or is it to be a separate judicial body, with jurisdiction to pass upon all disputes between nations and outside the control of the Universal House?")

Supplied quotation · catalogue passage not verified

28

Touching the point raised in the Secretary's letter regarding the nature and scope of the Universal Court of Arbitration, this and other similar matters will have to be explained and elucidated by the Universal House of Justice, to which, according to the Master's explicit Instructions, all important fundamental questions must be referred. At present the exact implication and full significance of the provisions of the Master's Will are as yet imperfectly understood, and time will serve to reveal the wisdom and the far-reaching effects of His words.

BA.047

Supplied quotation · catalogue passage not verified

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For thought and discussion

Questions to carry forward

  1. What forms of public understanding and commitment would enable an international tribunal to be trusted as well as obeyed?
  2. How do the proposed methods of selection connect competence, character, population, and representation, and what does the clarification about women’s participation add?
  3. What tensions arise between national autonomy, binding decisions, and collective enforcement, and how does Kant’s federation help make those tensions clearer?
  4. Which features of the tribunal are repeatedly affirmed, and which institutional relationships or stages of development do the selections leave for further elucidation?
  5. How might prayer for peace and the cultivation of justice affect the conduct of the people who would build, support, or serve such an institution?
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