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.


Chronology:

 

Latest 15 Reports
20.08.19 20:23  
Wigneswaran warns of bleak future for Tamils, urges next step planning
19.08.19 19:23   Photo
IC sheds crocodile tears over Shavendra appointment, US engages with his war-time chief
18.08.19 23:50   Photo
SL TID detains outspoken Tamil doctor at Pazhai hospital
17.08.19 23:08   Photo
SLA Jaffna commander refuses to release Palaali lands at meeting presided by Wickramasinghe
16.08.19 13:25   Photo
SL Archaeology Department resumes plans to construct controversial ‘chaitya’ at Koonith-theevu
15.08.19 21:39  
Wickramasinghe lacks courage to meet protesting Tamil mothers in North
14.08.19 23:31   Photo
2006 genocidal massacre at Chengchoalai campus marked in Vanni, Jaffna amidst PTA-threats
13.08.19 17:45   Photo
Tamil awareness urged on geopolitics-driven genocidal ‘development’ in Mannaar
12.08.19 20:04   Photo
Percival's 19th century Tamil proverb compilations collated and sorted in new publication
11.08.19 20:32   Photo
PTA-threats against constructing memorial arch for student victims of 2006 aerial massacre
10.08.19 22:49   Photo
Sinhala encroachers storm into 100 acres of lands at Kanneeraavi in Pulmoaddai
09.08.19 14:28  
SL Forest Department retains 8,034 hectares of pasturelands in Paduvaan-karai, Batticaloa
08.08.19 20:05   Photo
Colombo converts 2000 acres of ex-HSZ lands citing India-assisted airport expansion in Jaffna
07.08.19 23:28   Photo
Book on Santhiya becomes narration of Tamil struggle incorporating Marxist ideas in early 80s
06.08.19 23:27   Photo
State discrimination causes death of 1000 cows, milk production drops by 5,500 litres in Batticaloa
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=31338