UN investigation can serve as leverage to establish ICTSL, says Prof. Boyle

[TamilNet, Thursday, 11 March 2010, 03:28 GMT]
Commenting on the United Nations report that UN Secretary General, Ban Ki Moon's appointed experts will establish standards for Sri Lanka's accountability concerning "possible breaches of international humanitarian law...," Professor Francis A. Boyle of University of Illinois College of Law said, "[t]his language of "international humanitarian law" means that the United Nations will be getting into investigating war crimes and crimes against humanity committed by the GOSL against the Tamils, which is an encouraging sign. In other words, the United Nations will be investigating international criminal responsibility by the Rajapaksas, Fonseka, the General Staff, et al," Boyle added.

"We need to keep the pressure on Ban Ki-Moon and the United Nations Secretariat and the most powerful States such as the United States and the United Kingdom to go through with this investigation. The final results of this investigation can then be used as leverage for the U.N. General Assembly to establish an International Criminal Tribunal for Sri Lanka (ICTSL) as a "subsidiary organ" under U..N. Charter article 22," Professor Boyle told TamilNet.

"The United Nations Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). But China would undoubtedly exercise its Veto Power at the United Nations Security Council to prevent the Council from establishing the ICTSL.

"China would also veto any attempt by Security Council members to refer the GOSL crimes against the Tamils to the International Criminal Court (ICC). And unfortunately, the ICC Prosecutor has publicly stated that he does not believe he has jurisdiction to open an investigation into GOSL crimes on his own accord because Sri Lanka is not a party to the Rome Statute for the International Criminal Court.

"Therefore, the creation of the ICTSL by the U.N. General Assembly is the one option we have to establish some degree of international criminal accountability for the atrocities against the Tamils perpetrated by the GOSL's highest level officials," Prof. Boyle said.

"When in March of 1993 as the Lawyer for the Republic of Bosnia and Herzegovina I personally went after Slobodan Milosevic in the International Court of Justice in The Hague for committing genocide, war crimes and crimes against humanity against the Bosnians , nobody else realistically expected they would ever see him on trial for anything.

"Yet Milosevic died in March of 2006 while being tried before the ICTY in The Hague for committing every crime in the ICTY Statute, including genocide at Srebrenica.

"Based upon my personal experience in bringing Milosevic to justice, that is about the time-frame we are looking at for doing the same to the Rajapaksas, Fonseka, the GOSL General Staff, et al.

"The time for the Tamil Diaspora to get organized for this task is now!" Professor Boyle reiterated.



Latest 15 Reports
21.10.19 23:24  
SL Navy silently extends occupation of coastal lands at Kirimichchai in Batticaloa
20.10.19 23:58   Photo
Sinhala supporters of Gotabhaya encroach into pasturelands in Batticaloa
19.10.19 23:31  
Pentagon steps up maritime defence trade with India, UK seeks IOR opportunities
18.10.19 23:43   Photo
Monk backing Gotabhaya wants Tamil owners to stay away from their lands in interior Batticaloa
17.10.19 19:14   Photo
SL Police resorts to violence in grabbing lands of Tamil fishers in Batticaloa North
16.10.19 23:19   Photo
Chennai Connect and Eezham Tamils reminding Tamil Nadu to assert Tamil geopolitics
15.10.19 23:50  
Colombo destroys dairy-farming economy of Eezham Tamils in Batticaloa
14.10.19 23:48   Photo
Tamil parties in North-East stipulate ‘acid test’ terms to SL presidential candidates
13.10.19 22:15   Photo
SL Governor's latest land grab poses danger to archaeological traces of Eezham Tamils
12.10.19 22:23   Photo
Monks step up campaign against Muslims, want to carve out Sinhala colony in Ampaa'rai
11.10.19 22:07   Photo
Vote for Self-Determination, reject major candidates for more effective boycott
10.10.19 23:31   Photo
SL Police intensifies restrictions on Saiva devotees at disputed ‘chaitya’ hilltop in East
09.10.19 20:17  
Indian Coast Guard trespassed into waters off Jaffna, 18 fishers detained since 03 October
08.10.19 18:43  
Divisional Secretary, TNA MPs must act to release Chegnchoalai lands: civil activist
07.10.19 23:12   Photo
Heinous act by HRCSL: former orphans of Chegnchoalai on the brink of losing lands
Find this article at: