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
16.11.20 18:45  
China launches world’s biggest regional trade agreement without Indian participation
31.10.20 10:58  
Tamils risk Kashmir-like status revocation if Gota continues Trinco military cooperation with US
06.10.20 11:40  
Poet Pulamaipithan who championed Tamil Eelam solidarity in Tamil Nadu turns 85
28.09.20 23:19   Photo
Muslims join Tamils opposing Colombo's suppression of Thileepan Remembrance in North
27.09.20 12:05   Photo
Tamils unify to mark Thileepan Remembrance, brave Colombo's suppression of memorialisation
26.09.20 09:10   Photo
Commemorating sacrifices of Tamil struggle is an inalienable right, not a subject for ‘SL permission’
25.09.20 22:08   Photo
South Asia mourns SPB's demise
15.09.20 06:37   Photo
UN Rights Chief joins her predecessors in watering down collective rights of genocide affected people
04.09.20 22:13   Photo
Diaspora youth group re-aligns Tamil narrative on enforced disappearances
03.09.20 15:41   Photo
Jude Lal Fernando’s Sputnik interview exposes unfolding British duplicity on KMS ‘investigations’
02.09.20 22:03   Photo
Gotabaya's ‘Task Force’ monk threatens Tamils to stay away from their paddy fields in Thiriyaay
01.09.20 23:36  
Colombo extends genocidal land grab targeting farmlands of Tamils along NE border: Ravikaran
31.08.20 16:36   Photo
Families of war-disappeared send strong message braving SL restrictions on International Day
08.08.20 01:05   Photo
Sumanthiran alleged of exerting Colombo’s influence to tamper with preferential vote counts
07.08.20 10:08  
2020 election resembles 1970 polls that formed genocidal Sri Lanka
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=31144