28 November, 2021

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International Law Firm Asks ICC Chief Prosecutor To Investigate Sri Lankan Situation

Global Rights Compliance, a leading law firm in the areas of public international law including international human rights and international humanitarian law, on 27 October 2021, filed a submission under Article 15 of the Rome Statute to the International Criminal Court on behalf of 200 Tamil victims currently residing in the UK, who represent a much large number of actual victims of persecution by the Government of Sri Lanka.

Gotabaya Rajapaksa

Wayne Jordash QC, a world-leading expert in public international law and the co-founder and managing partner of GRC, spoke on his views of the submission earlier this week stating that to him it was “…crystal clear that the [Sri Lankan] government has been involved in a policy of persecuting the Tamils” and that “the evidence is quite overwhelming that these crimes are occurring, and it is quite crystal clear from the 200 victims that we represent, that there are thousands, if not tens of thousands more.”

Mr Jordash QC spoke about his experience representing Myanmar victims in a precedent setting submission made to the ICC’s Pre-Trial Chamber in 2018 which paved a very narrow but defined path to seek accountability and justice for Sri Lanka’s Tamil community. He also outlined what he believed, despite his extensive experience representing victims in Myanmar and in Ukraine, to be the “strongest communication I have submitted to the ICC”.

Despite this however, he noted that challenges exist. He explained that the Article 15 submission was the first step in a very slow process. It allowed the ICC’s Prosecutor to examine the submission but only then would he decide whether to take the case forward to a full investigation that would include interviewing victims in Sri Lanka and/or the UK. He remarked that the question is not that the crimes occurred but rather identifying whether and to what extent the persons named on the submission including Sri Lanka’s president, its defence secretary, former army commander and others, could be held responsible for the alleged crimes against humanity of deportation, deprivation of right to return and persecution – though he believes that the evidence against them is strong. Finally, he also noted, in the case of Gotabaya Rajapaksa, that it was unlikely that the UK would arrest a sitting president and his tenure as president would pose a challenge but “he won’t be president forever.”

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Latest comments

  • 36
    4

    This must be investigated and it should be right now rather than when it is too late.
    The Rajapaksa’s are desperate, things are not looking good for them, and we seem to be in the brink of disaster. The only thing they can do now is distract the people. The only way they know how is to make the minority the target, spread fake stories, and enrage the Buddhist extremists so that they will attack homes, businesses, and places of worship. The Rajapaksa’s have brought shame to this country. We don’t know what their games are, we don’t know who they are in cohorts with, but it does not bode well for our country. One damn mess after another, and they keep associating with felons, unqualified thugs, and corrupt people, who do their bidding.

    • 9
      0

      Well done, the US citizen Rajapassa brothers must go!
      Hope the law firm also reads Phil Miller’s Book :” Keenie Meenie the British Mercenaries who got away with War Crimes”, and also asks the ICC to investigate the British Government and Foreign Office regarding support of the British mercenary firm KMS Services – who trained the Sri Lankan forces and commiteed War Crimes in the Eastern Province and South!
      Also, British Foreign Office should be investigated for its arms exports to Saudi Arabia implicated in the Easter Sunday ISIS claimed attacks in Sri Lanka and

  • 6
    26

    All activities coming under “reconciliation” must be suspended until ICC investigations are completed and perpetrators are duly punished.
    .
    A parallel process must be launched by Sri Lanka to investigate Tamil terror of 30 years.

    Soma

    • 21
      0

      Agree, ALL terror activities committed against unarmed civilians must be investigated regardless of who committed it, thereby upholding the rule of law and the inalienable rights of citizens.

      • 1
        11

        Let ICC investigate Sinhala terror and Sri Lanka investigate Tamil terror. Who will investigate Wahabi terror is the question as Creator Himself is involved?

        Soma

        • 1
          0

          Soma,
          Does the Creator have the initials GR? And is his prophet S.S ?

      • 1
        1

        Yes, ‘One Country One Law’! Excellent.

    • 4
      1

      Choma Thamizh terror! Of course, Thamizh was forced to fight for their just rights on their own land due to the actions of the Chingkalla state from the time of independence will be terror for Chingkalla racists. No state/country has the right under the name of sovereignty to commit structural genocide, marginalization, ethnic cleansing on a group of people on the basis of ethnicity, languag4e spoken or religion followed. Stating that these people do not belong and concocting bogus fake history to justify this. What the Sri Lankan state did to the Thamizh are a war crime and state-sponsored genocide and terror. The Thaimizh were forced to take up to arms when everything else failed. You and the rest of the Chingkala racists can call it whatever you like, to justify your state-sponsored terror on the Thamizh but it was not. Still, Thamizh is marginalized and terrorised in their own lands. Even as per your own government statistics the LTTE is responsible for not even 2% of the killings of civilians, It was the Sri Lankan state and armed forces who are responsible for more than 98% of the killings and most of their targets were innocent Thamizh civilians. Good investigate all atrocities committed by all parties on unarmed civilians and we can see the result. Thamizh is agreeable to this. It is the Chingkallams and Sri Lankan state who are not agreeable to this as they are fear the real truth will come out.

    • 1
      0

      Soma,
      Whatever happened with all the commissions, and inquiries, LLRC, and All Party gathering rubbished as Tamasha meetings of politicians.
      You already had for past 12 years, since end of war in 2009, for that purpose to fulfil that part of your investigations? Reliably understand carefully filed as ‘non-essential’, in the President House Library for ‘Archiving’
      Playing ‘Gudu’ or “Marbles” as usual and now time is up to face reality, find another ‘one of those same ones’!
      “EXCUSE”, is the byword for signature quality Sri Lankans!
      You spent it as usual scratching, whatever part of your body was susceptible to the need to be tickled to think, “The Brain” – as it does not seem to operate normally in Sri Lankans – without external “Tickling”, by UNHRC, ICC or Diaspora?!
      So what is that, want to investigate?
      For instance, LLRC, chaired by ex AG was of unsound mind and frame, because some half educated, (claiming doctorates/PHD of questionable repute) said during his/her sojourns (Athana/Methana type) had reservations?
      This type of excuses is a result of “undeveloped stunted minds”, is endemic in SL, holds no future of realists, if Sri Lankans want to progress!
      What a country full – EXCUSE, sycophants!?

  • 9
    0

    One thing is sure, Rajapakses are going to use this to strengthen SLPP party which has shown cracks. This will also be used by people like Gnanasara and other Racist Buddhist Monks to rekindle racist attacks against nonmajority

    If Sri Lanka is so sure that it did not commit any war crimes this is a good opportunity to prove it. Alternatively, an immediate new constitution should be approved which is acceptable to all the citizens in the country, this would negate this ICC action..

    • 1
      0

      Buddhist I,
      Reference, “Alternatively, an immediate new constitution should be approved which is acceptable to all the citizens in the country, this would negate this ICC action”
      Very well said, and I fully agree with you.
      The million dollar question is, How to do that New Constitution?
      It would not be a reality given current circumstances?
      “Gnanasara Task Force” for One Country, One Law!!
      The usurper not abiding by the law, conviction for Contempt of Court, is heading the ‘Task Force on One Country One Law,’!
      Isn’t exemplifying “”Non-compliance of the existing laws of the country?
      President pardoned him, if he/she a respecter of, “One country, One Law”, would have excused himself from the pardon and continued fulfil sentence to fulfilment!
      He didn’t.
      That, signifies, lack of commitment for, ‘One country, One law’!!
      It signifies on the contrary ‘One country, Two laws’. One for favoured and other for the unfortunate.
      Good example that comes to my mind is the, “Garland for embellishing the Shrine, given to a Monkey”.
      It will be destroyed, whilst claiming to save the community and ‘Garland for God’
      New constitution to restore democracy current situation by 6.9M would be only, “Dream”
      Won’t Pass ICC muster!!!

  • 6
    0

    Tamils’ call for International Investigation is not just restitution seeking for the suffering endured by private citizens. It is about the government’s 75 years of genocide and deprivation of Tamils inalienable sovereignty and the freedom they are born with like all life forms on the earth. Don Stephen tactically cheated Lord Soulbury and Tamil ministers to take control of Tamils freedom & civil liberty, and annihilate them by eventual genocide, which will be legalized by the undemocratic laws, but sanctioned by the majority making constitutions. We understand the need for individuals, justice before their life ends. But the Tamil community as whole, receiving anything less than self-determination will be the same end to Tamils’ diplomatic agitation in the same way the Gandhian style protests ended and the armed struggle ended.

    • 0
      0

      Mallaiyuran
      You are wasting time on Colombo Telegraph.
      Try to convince a SINGLE TAMIL FAMILY living in Sinhala majority provinces to relocate themselves to Jaffna.

      Soma

  • 2
    0

    Once the war crime/genocide crime is established on Lankan government, this is a part need to be dealt with in UN SC. War crime/ Genocide against Government is the starting line for Tamils’ solution. Read my lips! If that is not starting from procedures that are flowing through UNHRC to UN and ICC, Tamils are getting nowhere. The politicians like Sumanthiran, Sanakiyan are haggling for the thigh part (Chief Minister position) before the ram is cut. Now Sumanthiran is going to the US to consult the State department. If he is not beating Rohan Gunathilake, but only, merely complementing Rohan, then that may be the grace of heaven to Tamils.

  • 9
    0

    International law and any prosecutions will only be for those countries not friendly to the Allies that call the shots at the UN. The ICC has no teeth to bite. When the British created the state of Israel and the new state went on a spree of genocide, no ICC or other international body has punished it or stopped it. So it continues ahead. SL is not so influential, but a few strings in the right places will ensure that nothing comes of it ultimately. Sorry to be a wet blanket on hopes for justice not just by the Tamils but by SL society in general.

    • 3
      0

      That is true. That is why we call for educated Sinhala men to stay ahead & above of the so-called Sinhala Buddhist intellectuals (The Viyathmaha). If Educated Sinhalese had shown interest in the country and guided the Sinhala Masses in time, the 6.9M would not have selected a Hitler King to save their Kingdom. Every action is just gambling. But somehow the Royals sneak their loot in those difficult times. What a shame the President, Prime Minister’s, the finance minister, and another senior minister’s brother-in-law of this beggar country are listed in the Pandora report. Rascals are not honestly talking about that to the masses but using the Colombo Media to make it appear that it was Nadesan who did it, just like the Mahendran did, under Ranil and Ravi. When Sinhala Buddhist hear that the terrorist Tamils made the country this poor, they are just happy for having caught the Tamil thieves by their Aanduwa, but never asking the rulers, then why they have voted only for Sinhala Only Parliaments, for 75 years.

    • 2
      0

      Old Rowdy is taking Kautilya’s lessons to the back benchers and fellow gang leaders on how to keep Modayas pleased and continue the game on the bottom less failures like this. He is preaching to the dissidents not to resign on failure, or accept the failure, but continue to reap profit, like in a stock market while there is a Bear Market. That type of action is compared to the cattle’s parasitic mite (Argasidae Ticks), which don’t leave the carcass even after the animal is dead. (Maadu Sethaalum Unni Kalarathu)
      We are not blind or biased. It is true that practically no country is doing well this time. But countries like Madagascar, North Korea, Lankawe are the ones standing on the edge of the cliff. After being sucked out by this gang for so long, now, nobody can predict in any meaningful way where the country is going to end up. Then, how to plan the corrections needed for the country. There is no point for Tamils to live an uncertain life for 75 years, like this.

    • 2
      0

      Yes, the British and many western colonial powers created the state of Israel that then went on a spree of structural genocide on the Palestinian Arabs. Britain also created a new colony called Ceylon in 1833 and created a unitary state that had never existed before their arrival, making the Sinhalese who were until then confined to the southern 2/3 of the island, a majority on the whole island and then in 1948, handed power to them with no provisions of safety for the island’s Tamils and soon another spree of genocide and marginalization started on the island’s Tamils from another creation and handiwork of Britain. Britain also created Pakistan in the name of Islam but the power of Islam was not sufficient to withstand racism from the Punjabi and Pushtuns towards the Bengali and Bangladesh was born. Britain and the rest of the former European colonial powers must be very happy at all these creations and misery they had caused, at various parts of the world in the name of white colonial power.

    • 0
      3

      Why don’t the Tamils appeal to India?
      During the war there was a RAW agent under every other tree in Wanni and every other lamppost in Jaffna.

      Soma

  • 3
    0

    Sri Lanka has never been a unitary state right through history. The exception is Duttu Gamini/Gemenu and Paragramabahu 1. The former belongs to the Naga dynasty and the Buddhist faith. At the same time, he was a devotee of the Hindu Kataragama deity. He worshipped Murugan before his march to Anuradhapura to wage war against Ellalan. Even today, God Kataragama is worshipped by Sinhala Buddhists.

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