2 December, 2021

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Prince Zeid’s War On Sri Lanka

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

Dr. Dayan Jayatilleka

One thing I’ll say for Prince Zeid al Hussein: he’s a straight talker, clear, firm, strong and pointed, i.e., effective in his expressions of opinion, however unfair, absurd and frankly ridiculous they are. It’s a pity I cannot say the same about the representatives of the government of Sri Lanka, led by Minister Samaraweera. The UN High Commissioner and his Office are on the attack against Sri Lanka and its institutions. Where is our equally strong defense and counterattack on behalf of our country and the truth, by our representatives? Where does that leave us?

When you have an aggressive prosecuting attorney on one side and a passive defense attorney on the other, then you have a client who is in serious trouble. That’s Sri Lanka’s position at the UN in Geneva today. On the one hand there is UN High Commissioner for Human Rights, Zeid al Hussein’s strong aggressive attack on Sri Lanka in his remarks introducing the report issued by his office. On the other there is the pre-emptive sellout by the Sri Lankan government represented by Minister of External Affairs Mangala Samaraweera.

Zeid Al Hussein himself admits in his opening remarks and in the Q&A that followed, that the Report is “rather unique”; that it is the first of its kind on human right violations by his Office. In this at least he is honest. The obvious question is why on earth should Sri Lanka submit to or comply with an unprecedented procedure? Why should our country go along with the product of a process that states which have committed infinitely vaster horrors for much greater periods of time and repeatedly, have not? Why should we be the first in line? Why should we be the guinea-pigs? Why should we put our heads on a chopping block as no one else has? Why should the Sri Lankan government, state and people submit to this discrimination; this institutional and diplomatic apartheid?

There is no pretense of even-handedness in Prince Zeid. In his opening remarks he spoke of crimes committed by the Sri Lankan state and “not only by [the state] but also by the LTTE”. So the LTTE are merely an “also ran” in the list of those culpable. Zeid implicitly rules out the possibility that the alleged crimes were committed by individuals in the heat of passions such as revenge; he rules out that these are aberrations, when he says that there was clear planning at institutional and command level.

Prince Zeid accuses us of “international crimes”, i.e. of “crimes of interest to the international community…war crimes, crimes against humanity”. He accuses us of “indiscriminate shelling” and “sexual violence”. We have an answer readily at hand: the reports of Sir Desmond de Silva QC and his colleagues, who were the internationally renowned experts advising the Paranagama Commission. While their report should be immediately tabled in Geneva, they could also be asked to draft our response to the OHCHR report.

The game that is going on is clear. It’s the old one of good cop, bad cop. Zeid plays the bad cop and demands that our collective head be cut off. The Americans will come in and play the good cop, saying, no, we shan’t take the rap for trying to cut their heads off ; we’ll just ask the Sri Lankans themselves to fall on their sword or commit ritual hara-kiri. Mangala Samaraweera has already agreed to the deal which is why he spoke of new statutes for a special criminal justice mechanism with a ‘Special counsel’ (read Prosecutor). What is it that the existing laws and institutions cannot do? What is that would require new statutes and legal structures for ‘criminal justice’ and ‘accountability’? The only possible answer is the presence of a foreign component; foreign involvement in the domestic legal process!

The Sri Lankan Ministry of External Affairs has already indicated that it will agree to a consensual resolution to be moved by the USA at the UNHRC on September 30th. This would mean that Sri Lanka will agree to a hybrid mechanism with foreign involvement, but under the guise of a ‘domestic mechanism’ to be set up by new legislation. The ‘consensus resolution’ formula will mean that sri lanka’s friends and those states who would be opposed to this model because of the violation of sovereignty that it entails and the dreadful precedent it sets , would be preemptively silenced. Not only will they be unable to speak up for us, they will be unable to speak up for a principle which is in their own interests simply because Sri Lanka will be used as a willing human shield by the US.

While Zeid’s example in the Q&A about the prosecution of former president of Chad does indicate that Mahinda Rajapaksa is indeed a target, his entire presentation shows that the primary target is the Sri Lankan state and armed forces and the war itself—our war of liberation from terrorism and for the reunification of our country. His target is nothing other than history—the verdict of history on the Sri Lankan state, its armed forces and our victorious war. The target is our self-pride as a society; our pride in ourselves as a country and people that defeated a ferocious terrorist army. Zeid and his office have provided ammunition for generations the world over, to vilify Sri Lanka. Their discourse and Report gives the pro-Tiger Diaspora the argument that their beloved Prabhakaran lost only because the Sri Lankan armed forces waged a war replete with war crimes. This is the worst possible reviling of the reputation of our dead heroes and their sacrifices—not least of those who gave their lives to breach the bunker-bund complex of the LTTE and save hundreds of thousands of civilians.

The weeks from today to September 30th will show whether or not Sri Lanka has a neocolonial puppet regime which is committed to returning this country to colonial rule, where foreign judges and lawyers sit in judgment of our citizens, our soldiers, our elected former leaders. A Government that does not defend the country’s sovereignty; a government that does not protect the State and the nation’s institutions from external threat be it physical, economic, legal or diplomatic; a government that does not protect the dignity of the nation; a government that does not counterattack against hypocrisy, unfairness, lies and calumny—such a government loses its legitimacy to rule; its legitimacy to govern.

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Latest comments

  • 9
    34

    DJ you have shown the correct path to sri lankan sovereignty. these idiots will never understand what you say because war victory did not come from their sacrifice.

    • 4
      0

      Chill out DJ!
      Stop being so aggressive and defensive and take the Prince who is a polite man on the bump!

      DJ, sorry to say the older you get, the more aggressive, illogical and cranky you seem to become,[Edited out]

      • 7
        2

        The U.N. High Commissioner for Human Rights is NOT a South African Tamil but an Arab. Why is a Jordanian Arab prince Zeid Ra`ad Al Hussein declared a war On Sri Lanka?

        What happened to Mahinda Rajapakshe’s WAR without witness for ‘Humanitarian Liberation’ with ‘Zero casualty’ policy?

        Zeid Ra`ad Al Hussein directly accuses Sri Lanka for the war crimes and has set the clock ticking for ‘Criminal investigation’ against War Criminals of Sri Lanka. The Sri Lankan stories of ‘Humanitarian Liberation’, ‘Zero civilian casualty’, etc, etc are all flushed down the UN Toilet. UN Has opened the doors wide for international involvement because they do not believe in ‘NATURAL JUSTICE’ from Sri Lanka. The Foundation of Sri Lanka as a ‘Responsible State’ that considers all citizens as equals goes for a toss with this Hard hitting UN Report. Prosecuting the Sri Lankan war criminals under Universal Jurisdiction is UN High Commissioner’s intention.

        Dayan,

        Why not request the present regime to also look for 13++ that you suggested to Rajapakshe during 2009? That looks like the only inevitable way of saving your old boss and the whole bunch of war criminals from a ride to Hague.

      • 6
        3

        DJ ,( full bright scholar ) pardon me , I say you are far below average Sinhala man

        You say “..does indicate that Mahinda Rajapaksa is indeed a target..”

        Even if it’s the case Lankan people would not mind that, because MR enjoyed Maha Raja life for 6 years with over corrupt US$ 5 billion out of our money.

        So it’s time that MR enjoyed some jail time & realized “Cycle of Birth should come to an end” – Lord Buddha

    • 3
      2

      The Rajapaksa brothers and sons have looted the public wealth of Sri Lanka and distorted and mangled national institutions.

      The Ranil-Sirisena regime should deliver the CORRUPT and CRIMINAL Mahinda, Basil and Gotabaya Rajapaksa siblings who have COMMAND RESPONSIBILITY for white van killings and a range of crimes against the Sri Lankan people including killing a young garment factory worker straight to the Hague, so that the Sri Lanka tax payer does not need to pay for their maintenance and polluting presence in the cournty!

    • 6
      2

      No point reading Dayan’s crap. First he said that Navi Pillai had declared war on Sri Lanka, now he pulls her name out and substitutes that of Prince Zeid.

      https://en.wikipedia.org/wiki/To_a_Louse

      Dayan, please shut up! You are a living insult to your father and to Pera University!

  • 9
    8

    You declared war against the unarmed nonviolence Tamils in 1977 but fought them imagining as a ferocious terrorist army.” since then

  • 18
    8

    The comedian is back. There can be no pride in the killings that have been going on in the country. It was time that somebody cried halt. There were the killings of 70,000 Sinhalese young about which not a hum was made. In the case of the Tamils, there has been a hue and cry that has led to results. Let us hope that sanity will prevail and that killings will stop. It was the same machinery that accomplished these killings. Maybe, the doctrine of complicity in international criminal law is wide enough to catch up with this particular comedian.

    • 0
      0

      Ponkoh Sivakumaran,

      I appreciate your deep concern over the killings of 70,000 Sinhalese youth, it was not just like it, gruesome ordeal of 2 episodes of 1971 and 1988-1989, more or less similar that have been just described by Office of the Human Rights Commission OISL. Not a hum was made, very true, Who’s fault was that? you must analyse why there was a 2nd episode by very same people, after 17 years because the GOVERNMENT OF SRI LANKA did not deal with the real culprits despite the fact that POLICE and INTELLIGENCE did provide the real facts involvement of few politicians to GOSL. The real culprits survived the ordeal of 1988-1989,too but the scapegoats extinguished. This the version of a Rtd. Police High Rank, now you can sum up why GOSL protracted the LTTE war, is it to equalize the number extinguished or were in search of real culprits who could finish the job the way did to those Sinhalese civilians, to whom those real culprits belong.

  • 17
    3

    The plan Rajapakse regime hatched to engage Western firms paying millions and million of dollars, has grossly backfired!

  • 14
    3

    D.J. – You ask the following questions:

    “What is it that the existing laws and institutions cannot do?”

    “What is it that would require new statutes and legal structures for ‘criminal justice’ and ‘accountability’?”

    Well, what happened to those persons who filed fundamental rights cases seeking justice because they were subjected to cruel and inhuman treatment or tortured by the police, prison guards, soldiers and other security forces personnel?

    Right to proceed was not granted for many of the FR applications and in other cases the petitioners were forcibly ‘disappeared’!

    There were also several instances when cases against many persons who had been charged with grave offences were withdrawn by the Attorney General at the instigation of certain people at the top.

    Sri Lankan courts have always proved incapable of dispensing justice when the accused were powerful persons, or were members of the police and other armed forces. Also, in the case of certain thuggish Buddhist monks!

  • 22
    3

    The man who declared war on the SL govt in the company of Vartharajah Perumal is now talking.
    You are guilty of creating the situation for this report to be published.

    You should be hanged as a traitor.

  • 11
    2

    This chap is pathetic. He and gamanpilla et al buried MR alive. now again he is up with his nonsense

    • 10
      3

      Now produce these war criminals to the international court.

  • 7
    2

    DJ: “The obvious question is why on earth should Sri Lanka submit to or comply with an unprecedented procedure?” You mean that Holy Sri Lanka has to fall in line some known precedence to be questioned, in the current times?
    Adam and Eve did have precedence to what-ever they did – shall we take the matter
    State impiunity in Human Rights from there? Have we to follow what happened in Libiya
    Iran etc. to settle what a community, backed by its diaspora is demanding from the
    correct quarters as provisions permit them to do so? Even RW is now being compelled
    to sign the Rome Statute, if his National Govt. claims to be a Democratic.

    If Sri Lanka wants to keep its membership with the UN, it has to fall in line with
    what is to be Resolved on 30th September – DJ be prepared to face it squarely.

  • 18
    3

    If Minister Sàmaraweera offers a diplomatic position,something he was expecting from a MR victory, Dayan J will praise the Foreign Minister with all the adjectives he knows.DJ is a superb charlatan and card board nationalist(read as racist)with an inborn ability to do a 360 degree turn in not a second but a nano second.Just ask Varatharaja Perumal about that !!

  • 3
    14

    Didn’t you read our pretty boy FM’s pre-emptive attack in Geneva?..

    I am sure he promised to bring in Advisers, Experts ,Monitors and even their Dosh to give our brave Armed Forces a Yahapalana Trial…

    One question for you Dayan mate, because you know all about this UN shit…sorry UN HR protection especially in our arts of the World, including Bedeoun Prince.’s own territory.

    Why did the Prince pick 2002 as the starting point?…

  • 10
    2

    On the one extreme some Tamil extremists treat the report of the UN HR Commissioner as a ploy to ‘buy time and space’ for the Sri Lankan government to escape and on the other extreme Sinhala racists like Dayan cry that the Prince is declaring ‘a war’ with Sri Lanka!
    I think it is time that these extremist outlooks are confined to the archives!
    Otherwise our country will never ever get out of the groove to make progress and build harmony!

    Sengodan. M

  • 8
    1

    Ha haa haaaaaaaaa.. The [Edited out] is back with his conspiracy theories and gimmicks to fool the people. I guess he had enough time to sulk over his masters loss. He wrote article after on how his master is going to win and how wondering everything is going to be in MR land/Fools paradise.

    Hey DJ, stop [Edited out]

  • 4
    1

    DJ [Edited out]
    Have the MARA racists set fire to the American embassy yet? The village people are quiet have not emoliated themselves after seeing the UN report. That’s a good sign of GG.
    Wonder what MARA doing about this? Hope the security forces are ready to face riots like in the past. If MEDAMULANA set on fire poor Peacocks will be incinerated.

    These types of ugly scenes were staged by the last regime in protest or denial every time a report surfaced, the thugs were released to cause mayhem. Ugly indeed.

    • 9
      1

      Analyst

      “Wonder what MARA doing about this?”

      MR is preparing Wimal to farce onto death.

      • 4
        0

        @NV, minor correction, MaRa is having Booruwansa to fart unto death.

      • 2
        5

        Dear Native,

        Your mate Anulist is as ecstatic as you about Bedouin Prince bringing Americans, Poms and Canadians to give Yahapalalanaya to our brave Armed Forces who liberated their 2500 year old Nation from Tamil Terrorists.

        How can our Village poor understand all this when even Mangalan now talks only English .

        • 3
          1

          K.A Sumanasekera

          Could you type in English, Sinhala or Tamil.

          Sorry I am not familiar with Esperanto (1887)

  • 3
    16

    Present rulers does not have balls. They will sell the country as they do not have children to live in Sri lanka. [Edited out]

    • 5
      0

      Unlike MR and his mad dog pack with sick balls, the Present rulers have very healthy and strong balls.

      For the last 5 years from 2009 to 2014, what did MR and his pack of clowns do to counter the UN HR allegations against Sri Lanka? This UN report is the outcome of their actions. What did this writer do when he was in Geneva? He promised something (13++) that his boss could not deliver. These jokers are now talking big. Mangala Samaraweera is light years ahead of this stupid writer.

      • 2
        0

        O yes, what they did was –
        like a day such today- immediately UNHRC issued a statement..
        they just ridiculed that out… Kelaniya Mervin was the forefront man to have added vulgär remarks on any serious issues.

        Today, the decent govt led by MY3 and Ranil have not made any such remarks, nor have they allowed others to do so. That is the greater diffrence.

  • 2
    1

    “The UN High Commissioner and his Office are on the attack against Sri Lanka and its institutions. Where is our equally strong defence and counterattack on behalf of our country and the truth, by our representatives? Where does that leave us?”

    If defeated crooks irrespective of party affiliations can be made MPs and ministers, why could they not have given DJ, Rajiva etc. their hearts’ desires? They would have then defended the reputation of our dharmadipa till the cows come home and quoted themselves for another decade if others did not notice it.

    Ranil and Maithri have in the telling words of an unbiassed and un-racist academic, “missed a trick”.

  • 5
    2

    ” Where is our equally strong defense and counterattack on behalf of our country and the truth, by our representatives? Where does that leave us?”

    I say DJ you fool, are you tying to say that we should defend the indefensible?

    Is our judicial system above reproach? Is there the faintest hope that justice will prevail? After so many years of lofty promises of an internal investigation, how much has been found out by the investigators? Is such a process guaranteed to function without interference, even if you managed to dig up some impartial jurors?

    Idiots (such as you) have said enough to mislead everybody. Just stay quiet for a change. All your predictions have been thrown out on their ear. The wrongdoers will have to pay. That is justice and that is the short and the sweet. There is nothing called ‘Clever defense’ against blatant abuse and blatant violations. You re a great pain in the posterior. Just clam up.

  • 5
    1

    It is high time this country was taken to task for its high handed slaughter of human beings and its tragic disregard for human life. This is a theme that goes all the way back in its history. The very western powers that now preach human rights are the ones who out of unbridled greed schemed and plotted and slaughtered the inhabitants of this country long before the natives took it upon them selves to carry on the carnage. Brutality begets brutality. No human rights report can ever do justice to the historic wrongs committed in the name of greed which caused this chain reaction of violence and blood letting. However, it is time to confront it and admit it and look to a future where repetition does not occur. To that end the report has some merit and the new government is on the right path. Fighting against this report in an aggressive manner by denying the facts is the rowdy thuggish Rajapakshe method of dealing with this issue. The Rajapakshe method will not protect Sri Lanka in the long term or the short term. It is a foolish village mentality that makes people like Dayan write criticising the current goverments approach in Geneva.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 4
    2

    DJ,

    Disgraceful attempt at fomenting racism. Your great master banked on that line of action and it backfired. You are trying to keep the fires burning.

    This will not work. If our countrymen did bad things then we must bravely face the music. Not hide behind racist slogans and imbecilic denials in the face of a mountain of evidence.

    Read what Sarath de Alwis wrote under “Detective Bunk In Geneva”. You are exposed and your agenda of fomenting racism to cover the backs of your murderous and rogue masters is futile.

  • 2
    1

    Dr Dayan,

    If you have done a proper job at UN in 2009 based on justice for all Srilankans this would not have come to pass.

  • 3
    1

    Its the failure of our procedures, our institutions that have lead to this.

    DJ has one option. Start a guerilla war , which he has advocated, then turned around.

  • 2
    4

    Another joke – Hybrid courts.

    Why Sri lanka should bring judges from another country.

    Why sri lanka is not a sovereign country ?

    • 3
      0

      Jim, the UN report says that Sri Lanka is incapable of prosecuting these crimes and has failed in the past due to a lack of political will. Given that Sri Lanka couldn’t even prosecute Karuna, who murdered 600 policemen, I think the UN is right.

  • 2
    0

    [Edited out] That explains Dayans position. He is imagining that Sri Lanka will be taken to the guillotine. This report is not a binding report. Further the United States has already agreed with the Government of Sri Lanka to submit a resolution on the 30th which will lay out the procedures to be followed A Internal inquiry will follow Only thing the Sri Lankan Government has to ensure is its credibility.
    Dayan should answer to the obvious question This is the plight to which his Maharajah has taken this country. Where is Wimal Where is Udaya Are they engaged in a fast unto death

  • 4
    1

    Dr.DJ never wrote this type of conclusions during the MR regime from 2010 to 2014.
    How he supported MR for appointing SIR Desmond de Silva as the chairman of an advisory panel.
    That time the sovereignity was not an issue for DJ.

    In a multi racial multi religious country , sovereignity must apply to all the citizens.
    But Dr.DJ has exclusions when it comes to his definition of sovereignity.

    He says there is peace in the country now. When armed forces occupy and control sections of the population , peace is maintained only through fear and unlawful actions. Why vast areas of the lands that belonged to the indigenous people are still kept as high security zones ? Even local media are not allowed into these areas and the business enterprises run buy the armed forces ?

  • 4
    2

    “Why should we be the guinea-pigs?”
    Dayan, what do you mean by “we”? Only two sides here, one is people like you want to cover up the crimes under the fancy word of of internal investigation. Other side is victims who do not have any trust on internal investigation. So, victims supports the UN report. You do not want to be a guinea pig but you want to do the experiment on victims.

  • 3
    1

    Dear Jude Fernando,

    When I read DJ’s ” Prince Zeid’s war on Sr Lanka ” I concluded that DJ is a living example of one of the two weavers coming in the fairy tale “Emperor’s new clothes”.

    But I am glad that I read yours and come to the conclusion that you are one of the living example of that fearless child who comes in the same fairy tale.

    Sadly for SL the emperor’s procession is continuing.

  • 2
    1

    “In this at least he is honest. The obvious question is why on earth should Sri Lanka submit to or comply with an unprecedented procedure? “

    Dr.
    Not taking action against others on similar issues is NOT A LICENCE to do the same at home.War against terrorism is a right of a country however it dose not permit to entertain war crimes in general. Sihalase, Tamils,and Muslims are part and partial of the nation so if a section of nation claims that there is something went wrong then we should see what happened..therefore these investigations should be allowed.

    Further, in current term we should listen big powers there is no other way , safeguarding the country and people at what ever cost is important then going in to country like Iraq, Syriya etc…

  • 1
    1

    Dear Dr. Dayan

    A different approach is needed, it seems. The approach taken by the former government did not get us what we (Sri Lanka) needed. The present approach is not perfect, however Prince Zeid is the real hero of the hour here. Is there light at the end of the funnel?

    What I find most disturbing (perhaps you should too) is the change of policy of the US government in the space of a year, from an international to a hybrid local form of court. Perhaps a deal has been made? Correct me if I am wrong, but can be diplomatic, but this looks like unprincipled deal making. If they change their stand based on which government is in power, it may be difficult to deal with.

    Justice has to be consistent:

    “I’m for truth, no matter who tells it. I’m for justice, no matter who it’s for or against.”
    Malcolm X

    Note also that extremists on both sides are not happy. These are the very people who must be kept happy.

    If this approach results in a better Sri Lanka all around, then what of it? Is it nobler to suffer or to fight the inevitable?

    “To be, or not to be, that is the question:
    Whether ’tis Nobler in the mind to suffer
    The Slings and Arrows of outrageous Fortune,
    Or to take Arms against a Sea of troubles,
    And by opposing end them: to die, to sleep…
    ” Hamlet

  • 1
    1

    If Dayan is so brilliant why did MR fire him from his post

  • 2
    1

    This is the making of Srilanka since 60 long years. DJ and MARA lot
    knew this day will come , They are responsible too in their racists ways which made it easier for the UN.
    ” IT WAS GIVEN ON A PLATE TO THE UN BY MARA REGIME.” So who are to be blamed. ? Of course you have guessed it ,, nobody else other than the last Regime plus this apologiser DDsJ who did this write up.

    the eventual outcome hopefully a HAPPY AND PROSPEROUS SRILANKA where all can live peacefully .Hope the GG will clear out the garbage from the Judiciary to Health, the Education the Environment and so on.

    People like DDsJ and his masters should hide themselves somewhere before they were thrown eggs on their faces.

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