Gotabhaya opens door for UN investigations of Sri Lanka war crimes - Prof. Boyle

[TamilNet, Friday, 05 February 2010, 04:51 GMT]
Referring to Gotabhaya Rajapakse's interview to the BBC Tuesday where Mr Rajapakse said that he would not allow any war crimes investigation in Sri Lanka, Professor Francis Boyle, an expert in International Law and a professor of Law at the University of Illinois College of Law said, "Defense Secretary Rajapaksa has now publicly and definitively ruled out any investigation of war crimes by the Government of Sri Lanka. And he is a government official acting within the scope of his official duties so that his statement binds the State of Sri Lanka under international law. Hence the basic requirement of international law mandating "complementarity" has been satisfied.

Professor Francis A. Boyle, University of Illinois College of Law
Professor Francis A. Boyle, University of Illinois
"In other words, a sovereign state must first be given the opportunity to investigate and prosecute war crimes committed by its own armed forces. Only if the sovereign state fails or refuses to do so, can international bodies step in to conduct those investigations and prosecutions such as the International Criminal Court," Prof. Boyle said.

"In this case, U.N. Special Rapporteur Philip Alston has called for such an investigation. U.N. Secretary General Ban Ki-moon has indicated that he would be prepared to consider such an investigation.

"Now that Defense Minister Rajapaksa has rejected such an investigation by the GOSL itself, under international law the onus is now upon U.N. Secretary General Ban Ki-moon to appoint a war crimes investigation body with respect to Sri Lanka as he has recently done in Africa," Prof. Boyle added.

"The Governments of the United States and the United Kingdom must pressure Ban Ki-moon to do the right thing here for the Tamils on Sri Lanka," Professor Boyle further said of the role of the U.S.and U.K. in applying pressure to the U.N. to begin investigations of war crimes allegedly committed by the Sri Lanka Army against Tamil civilians.


Chronology:

 

Latest 15 Reports
10.07.20 00:05   Photo
SL Police harasses Shivajilingam at 25th Remembrance of Navaali massacre in Jaffna
09.07.20 09:33  
SL Navy brutally assaults Tamil fishers in Mullaith-theevu
08.07.20 16:33   Photo
Sinhala colonists encroach into Kangku-veali, Mean-kamam reservoirs in Trincomalee
07.07.20 19:36   Photo
Colombo schemes to expand ilmenite scooping into North from Pulmoaddai in East
06.07.20 19:06  
Colombo transfers Tamil Political Prisoners to notorious Anuradhapura prison
05.07.20 23:06   Photo
University students, Shivajilingam brave SL harassment to commemorate fallen Black Tigers
04.07.20 22:28   Photo
Monk commanding Sinhala-Buddhicisation of North-East threatens Tamil villagers in Batticaloa
03.07.20 19:28   Photo
After Naavat-kuzhi, Colombo targets Poonakari for Sinhala colonisation across Jaffna lagoon
02.07.20 22:26  
Colombo imposes restrictions on Tamil valour related symbolism in schools of North
01.07.20 13:22  
New secret unit among four SL military and police squads competing to arrest Tamil youth in North
30.06.20 22:10  
Tamils blocked from accessing properties near SL Navy training base in Champoor, Trincomalee
29.06.20 23:29   Photo
Moragoda advising Gotabaya prompts Sinhala parties to scrap Provincial Councils
28.06.20 22:06  
India privileging BRIC/RIC over Quad ‘discordant’, says former US top diplomat
27.06.20 22:11  
Indo-Pacific expert wants US to seek opportunities in ‘Sri Lanka’
26.06.20 21:24  
Russia steps up influence on New Delhi to uphold “multilateralism” against US “rules-based order”
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=31144