Feature Article

Boyle prefers IIIM demand over ICC-referral, says specific reference to genocide essential

[TamilNet, Thursday, 07 January 2021, 00:04 GMT]
The Government of Sri Lanka (GoSL) has made it clear that it will not cooperate with the UNHRC. It is time for the UNHRC to take action against the GoSL, said Professor Francis Boyle, an international law expert who teaches at the University of Illinois College of Law in the USA. Human Rights High Commissioner Michelle Bachelet could forward the situation to the Security Council or the General Assembly if she wants to, he said, responding to a set of questions coming from the Tamil politicians on the ground. However, getting a new resolution with specific reference to genocide is essential, Prof Boyle said. “You have to keep up the reference to genocide. This is the gravamen of your Complaint against the GoSL.” Asked whether he preferred the demand for ICC-referral over the IIIM demand, he said: “I would go for the IIIM along the lines of Syria and for the same reasons”.

Professor Francis A. Boyle, University of Illinois College of Law
Professor Francis A. Boyle, University of Illinois
“I have already recommended to another Tamil group to follow the Syria precedent, work through the General Assembly, and mention genocide. Basically and with all due respect, UNHRC is just jerking you around,” Boyle commented further.

His comments come as more than two-hundred-and-fifty Tamil organisations in the UK demanded their government to sponsor a Resolution at the 46th UN Human Rights Council to create an International Independent Investigative Mechanism relating to Sri Lanka to investigate and prosecute for serious international crimes committed in Sri Lanka, including the crime of genocide of Tamils.

In the meantime, a section of Tamil activists, including those connected to the TNPF, have been wondering if there is a possibility of pursuing ICC action outside the UN system as well by evoking an Article 15 Communication to Office of the Prosecutor (OTP). “Personally, I think you would be wasting your time,” Boyle commented about that option.

“For the sake of completeness, I would only add that the UN General Assembly could establish an International Criminal Tribunal for Sri Lanka as a ‘subsidiary organ’ of the UN General Assembly under UN Charter Article 22,” he added.

“Maybe the Tamil Community in Canada could request the Canadian Government to sponsor such a Resolution in the UN General Assembly. To avoid political controversies about the nature of the conflict in Sri Lanka, it would be my advice that the Resolution follows in the footsteps for the establishment of the International Criminal Tribunal for Rwanda including its Charter and not for Yugoslavia.”

For ICT Sri Lanka, one should use the International Criminal Tribunal model for Rwanda to avoid the dispute over the conflict’s nature—international vs internal, he reiterated.

“Indeed, the Canadian Tamil Diaspora could start a Public Campaign to convince the Canadian Government to put this UNGA Resolution for the ICTSL into operation.”

* * *

Kingsley Abbott, the senior legal advisor for Global Redress and Accountability of the International Commission of Jurists and Saman Zia-Zarifi, the secretary general of the organisation wrote a two-part post in OpinioJuris in April 2019, titled “Is It Time to Create a Standing Independent Investigative Mechanism (SIIM)?”.

In their introduction to the article, they wrote:

“The International Independent Investigative Mechanism for Syria and the Independent Investigative Mechanism for Myanmar are recent examples of States responding to situations where avenues for accountability for crimes under international law are otherwise limited.

“Both mechanisms, created respectively through the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), have mandates that extend beyond traditional human rights monitoring, documentation and reporting to include the preparation of files that can be used in national, regional, and international criminal trials.

“Unsurprisingly, their establishment has led to calls for the creation of similar mechanisms to address other situations where accountability for widespread and systematic “atrocity crimes” has been elusive, such as for Sri Lanka.”

Related Articles:
28.10.18   Professor Boyle calls for BSD Campaign against genocidal Sri..

External Links:
OpinioJuris: Is It Time to Create a Standing Independent Investigative Mechanism (SIIM)?
IIIM on Syria: IIIM Syria: Terms of Reference



Latest 15 Reports
04.02.24 15:40   Photo
சியோனிசம் காணும் தோல்வி ஈழத்தமிழருக்குப் பலன் தரவல்ல படிமை மாற்றத்தின் அறிகுறி
24.04.22 05:44  
தீவின் நெருக்கடிச் சூழலில் ஈழத்தமிழர் தேசம் கடைப்பிடிக்கவேண்டிய நிலைப்பாடுகள்
09.04.22 14:44   Photo
குறிதவறும் ஈழத்தமிழர் தலைமைகளுக்கு வரலாறு தருகின்ற எச்சரிக்கை
21.01.22 07:24   Photo
ஈழத்தமிழர் தேசத்தின் தலைமைத்துவம் தேர்தல் அரசியற் கட்சிகளுக்கு அப்பாலானது
02.11.21 15:32   Photo
13 ஆம் சட்டத்திருத்தத்தால் கட்டமைக்கப்பட்ட இன அழிப்பை எதிர்கொள்ள முடியுமா?
15.09.21 08:19  
English version not available
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
09.04.21 14:46  
English version not available
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
Find this article at: