23 September, 2018

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Several Legal Avenues Available To Prosecute Gotabaya For War Crimes

In an analysis on US national security law and policy, New York University School of Law Professor Ryan Goodman has highlighted various laws that can assist the US Justice Department and other agencies in prosecuting US citizen and Sri Lankan Secretary to the Ministry of Defence Gotabaya Rajapaksa on his alleged involvement in mass war crimes.

Gotabaya - Secretary MOD

Gotabaya – Secretary MOD

Goodman in an article on Just Security – an online forum on law, rights and US National Security has listed out the various legal avenues available to the administration of the case against Gotabaya.

Justice department

1) Criminal liability – war crimes act of 1996

2) In the case of inadequate evidence for criminal indictment the Justice Department can pursue the Civil RICO – a vehicle for addressing organized criminal activity including international crimes – for civil/criminal liability

Justice Department and other agencies

1) IRS: Tax evasion

Through an investigation of the assets compared to any tax documents Gotabhaya might or might not have filled with the IRS as a US citizen residing abroad.

2) Human rights violations and war crimes unit: Immigration fraud

Considering the past successes in the similar case, Goodman has pointed out that Gotabaya can be prosecuted for failure to disclose material/information on his involvement in the past crimes in his application for US citizenship

Goodman has written further that evidence for any action under these provisions can be sought from the Matale Mass Grave and his involvement in it as the Coordinating Officer of the Matale district and the Commanding Officer of the 1st battalion Gajaba regiment in the late 80s.

Writing furthermore on how Gotabaya during several occasions during the past few years has publicly attempted to cover up his crimes, Goodman has noted – “US government has poured its credibility into promoting accountability in Sri Lanka and now cannot afford to stand by when its own citizen is directly interfering with prospects for independent war crimes investigations.”

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Latest comments

  • 15
    25

    Why don’t they investigate avenues for Prosecuting Benjamin Netanyahu for war Crimes?

    • 25
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      Rationalist

      “Why don’t they investigate avenues for Prosecuting Benjamin Netanyahu for war Crimes?”

      Of course they should.

      However in a country in which both Hindus and Buddhists think they are governed by laws of Karma, let natural justice take its own course.

      However we should be focusing on our own war crimes than that of others.

      • 19
        4

        Sentence Gota to death: He is the Matale mass murderer, and the mammoth murderer of innocent Tamils in Mullivaaikkaal.

        Hang him, send him to the electric chair or give him lethal injection,it’s up to the US.

        • 10
          2

          Thiru

          “Sentence Gota to death: He is the Matale mass murderer, and the mammoth murderer of innocent Tamils in Mullivaaikkaal.”

          Are you certain that hanging Gota would stop new Gota’s being born in the future here in this island?

          ” Hang him, send him to the electric chair or give him lethal injection,it’s up to the US.”

          You mean all at the same time?

          • 11
            0

            “Are you certain that hanging Gota would stop new Gota’s being born in the future here in this island?”

            There will be others. Sri Lanka, since independence from the British, has become a country filled with killing fields from Point Pedro to Dondra Head with murderers from successive governments,Cabinets, and from the LTTE and other Tamil groups, and from the JVP, killing, dismembering, torturing, and indulging in every other inhumane and violent actions imaginable.

      • 3
        5

        “However we should be focusing on our own war crimes than that of others.”
        Exactly Native Vedda.

        My point is that the US is supporting Netanyahu’s criminal activities in Gaza, while interfering in the internal affairs of Sri Lanka.

    • 4
      0

      Not relevant to use living in Sri Lanka. Our concerns are our own predicament.

    • 1
      0

      Let us just work on one problem at a time; our problem.

    • 4
      0

      How does investigating Natanyahu minimize the war crimes committed in Sri Lanka or anywhere else for that matter.

      • 3
        0

        burt; surely you don’t want me to spell it out?

        “How does investigating Natanyahu minimize the war crimes committed in Sri Lanka or anywhere else for that matter.”

        It does not minimize anyone’s War Crimes, but it might deter the USA from interfering in all other Countries except Israel.
        The USA refuses to acknowledge the War Crimes committed by Israel, Why?

        Sri Lanka should be able to investigate our War Crimes ourselves, if only we had an Independent Judiciary whose hands were not tied!

        • 0
          0

          Rationalist! “Sri Lanka should be able to investigate our War Crimes ourselves, if only we had an Independent Judiciary whose hands were not tied” Will Srilanka ever investigate Gota? Even IF you had the Independent Judiciary? USA is obliged to investigate its citizen who had committed strings of crimes such as white van, floating armoury ship, matale JVP in 1989 and 2006-2009 war against LTTE and genocide on Tamils,2009-2014 Using military to subjugate the Tamils, Muslims and taking the livelihood away from many thousands of Tamils in North and East. USA has a moral duty Does it not? To investigate this man and his family who were intoxicated with excessive power and hoarded all citizen’s money into their bank account to buy luxury houses in California USA .

          • 0
            0

            …war on LTTE? Genocide? If you want to participate in an intelligent and rational manner, then I suggest you get your facts straight. Yes there was a war with the LTTE (a terrorist group), but what we all fail to forget is that crimes on both sides were committed! The LTTE committed numerous ruthless attacks on the singhalese, muslims and even on their own people! They partook in suicide bombings which killed Rajiv Gandhi, President Premadasa – should I name more? And what about its illegal use of child soldiers? Is it not in contravention of any international laws? Sri Lanka has a duty first to investigate these crimes, and those who committed crimes on both sides should be brought to justice! The USA unfortunately has no moral duty as you say. Sri Lanka is a soverign country, just like any other country, and it can look into these crimes on its own.

  • 12
    1

    A lesson to all budding leaders. Karma is a bitch!

  • 14
    1

    .
    He can get asylum in China or Russia?

    :-)

  • 22
    2

    I have read Goodman’s two parts and he has made a clear case for hauling up Gotabaya. The diaspora, I believe, will press home this point to the US authoritis. A blood-thirsy tyrant should not be allowed to roam about with blood in his hands.

    • 0
      0

      Jansee,
      Do you seriously believe that the American Authorities are unaware of crimes committed by Gota, that Goodman has to point them out for them? Let us see what the Americans will do now, that Goodman has pointed put.

  • 19
    2

    You may call them yankees, you can call them imperialists
    or just bums.

    Yet the American justice system is by far clean, fair and
    most respected. The law applies equally to the President
    and the Common man.

    So in months than years to come, the celebrated maniacs
    with bloated egos and inferiority complexes will learn
    their follies.

  • 11
    2

    Who in their right mind in Lanka will even try to prosecute this thief/murderer and live to see the next day?

  • 4
    11

    How can Gota be sued or questioned when he has only obeyed the American commands? Without American help Gota is a lost cause.

    • 3
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      gamini:

      Oh, gamini, you missed a point. Yes, the Americans told him (or commanded) to shoot straight. Gotabaya disobeyed that sacrosanct command – he also started shooting sideways. Well, he thought no one was looking but forgot that the sifu has a lot more tricks and secrets in his bag that Gota ever knew.

  • 11
    2

    This [Edited out] must be dealt with severely. Because, US has many mass murderers under its care. Bombing of Hiroshima, Vietnam, Gulf War & backing the terror states like Israel, Sri Lanka etc., to murder innocent human beings under its rule.

    If US didn’t take any action, it will mean that US is sending their evil citizens on a project to mass murder humanity on a secret population control program.

    So, Gota the Mass Murderer and his entire racist siblings must be made to pay their crimes. If they can kill Saddam after his use for US agenda, so must be Rajapakse criminals.

  • 14
    3

    Get the mass murderer, war criminal and genocidaire of Tamils charged in the US, and surely he deserves capital punishment for those crimes, or at least lock him up for good in a US jail like Manuel Noriega, the former strong man of Panama.

  • 8
    5

    Aba Saranai or what!

    There may be Avenues To Prosecute. The question is ‘Would they’?
    For Gotabaya to act like that he is an untouchable, for him to go on rampage even after the recent violence in the south of the country, challenging to prove if he has any link with BBS, which is anyway an open secret, there must be some backing or some assurances give to Gota.

    US with its double stand policy might have given its citizen some comfort zone? If the US pretty openly support Netanyahu fully who is bombing children there is a doubt why should they prosecute its citizen a mini Netanyahu in Sri Lanka as long as they are benefitted.

    No decent country today respect the US, UK or Russia but its the fear that all are compelled keep mum. Obama is another Clown like Bush. Its better for the leaders of every peace loving country to isolate the US gradually.

    • 2
      5

      “US with its double stand policy might have given its citizen some comfort zone? If the US pretty openly support Netanyahu fully who is bombing children…”

      your US domestic policy knowledge is pretty poor , if Obama doesn’t support Israel , his days will be numbered !

      • 5
        2

        Indeed my knowledge on the US policy is very poor.
        I don’t give a shit about it.

        So Obama cannot do anything on his own because his days will be numbered. Then why you need a President? Didn’t this same Obama know his limits? Whether its Obama or Hilary or CIA or Tel Aviv its the US and that US is extremely biased and prejudiced.

        I cant stand Mahinda and Gota Jarapassas. No doubt that this regime must be toppled as fast as possible but US has no legitimate rights to blame them while condoning and justifying Murderer Netanyahu’s appalling ruthless actions.

        • 1
          3

          “Indeed my knowledge on the US policy is very poor. I don’t give a shit about it.”

          your arrogance and ignorance will not get you any where ,next time before you comment on these “unknown matters” please do some readings , thank you !

          • 5
            3

            Oh Your Honor in future I will consider you before I post something.
            BTW why are you so interested in my comment than you own opinion.

            ‘ please do some readings , thank you !’

            This of course I take as insult. You know what?
            With my little ‘reading’ I assure you that I could even teach to your grandpa.
            Mind your own freaking Biz, you American stooge without poking your stinking nose in matters you know nothing about.

            • 1
              4

              Typical answer , when you are cornered and entrapped , nowhere to hide , next easiest thing is to start hurling insults at the messenger than the actual message , only cowards resort to these sort of low level tactics you know !

    • 6
      2

      Definitely Gota must be punished no doubt. Here I am not talking about the war crime since the case is under investigation by three UN experts.
      Gota must be punished for other killings took and taking place, Abductions, Instigate violence, Illegal evacuations, Illegal dealing, Interfere in civil matters, Extortions, Manipulation of law and order, Protecting Drug dealers, Link with criminals so on.

      He anyway looks like a cold blooded murderer to begin with. The man has no remorse or empathy towards fellow human. Ideal for a supervisor job in Guantanamo bay where he shall enjoy torturing people. Bush Rice Rumsfeld Cheney also has those same cold blooded eyes and of course has Netanyahu.

      There might be a link between Uncle Sam’s bad boys and this mentally ill bugger.
      Nandasena Master-Gota, otherwise known as Greasepiya must be doomed some how and then call it Karma or Fate Justice or an accident or any other bullshit terms – CIA/FBI, Mossad, MI5/SIS, FSB/KGB STYLE.

      Dr. Brian Seneviratne called Gota ‘A Possible Psychiatric Disorder At The Top Of The Government’on the 05th Sept 2012 in article he wrote in the CT. Open the link to read Dr. Brian’s interesting article on CT, almost two years ago.

      https://www.colombotelegraph.com/index.php/psychiatric-disorder-an-analysis-of-gotabaya-rajapaksa/

    • 4
      0

      @flycatcher: Yes, the US is the Greatest Satanic system in the endtimes period of the human history. God must be hv devised his plan in such a way that before destroying a nation He gives so much respite for them to re-think their attrocities which definitely will be punished by God. If no change is happening,the punishment may come in a sudden swift like what happened to many nations in the history.

  • 2
    1

    Make My Day !!!

  • 0
    1

    [Edited out]

  • 0
    1

    They try these on GOTA as the last resort

  • 4
    3

    Are the Di-Ass-pora being taken for a long term ride by the USA in allowing the likes of Ryan Goodman to milk their kitty.

    He is one in a series of many………….

    It would have been better if the Di-Ass-Poras gave that money to Wiggie to clean up the North of Kudu, instead of pushing him into the deep end also to start up some BOT projects in the North.

  • 4
    4

    Another stinking cauldron of punnakku for We Thamizh to feast on :D

    • 1
      3

      You better call yourself Subramaniam Rajapaksa Swami or Kamala Mahendran Sharma.
      No malice there since you call both those 3 AH Swami.
      If and when you wish u can bend as well front and back doesn’t matter who does what.

      • 0
        4

        Don’t eat it all, leave some for the rest of the We Thamizh who’re just getting back after their shifts/signing on at the dole office :D

        • 4
          1

          Siva Sankaran Sarma Menon

          “Don’t eat it all, leave some for the rest of the We Thamizh who’re just getting back after their shifts/signing on at the dole office.”

          Were the first in the queue or the last one?

          Do you get paid for being differently able or physically challenged or work shy?

  • 2
    4

    If US takes action against this world’s most notorious war criminal, there is no doubt that Sri Lanka will become one of the most best democratic paradise.

  • 3
    1

    Lets not worry about others, but our own. Someone commented the US Justice System is fair and so be it. Let the law take its own course in the end Justice will prevail, be it in this life or the next. Most of us would have heard about Karma, and yes its a bitch. When she does bite it hurts. May be he escapes punishment or goes scot-free. But who knows what some member of his family is diagnosed with a incurable disease and pays for his sins. May be his grand children are born with disabilities. Life is all about checks and balances as so in nature.

    All we care for is for us to lead happy peaceful lives, without hurting or paining anyone.

  • 5
    2

    This Law Professor Ryan Goodman will be a Badman among our Pure Sinhala Buddhists as he trying to make a trouble for our Hero, Chairman White Van Company Gotabaya Rajapaksha. This Law Professor should remember we also have our G.L Peiris, no. 1 Law Professor a real bullet to counter attack.

    We still remember how our Law Professor successfully prosecuted European Union for forfeiting GST + Tax concession and got it back. Only Ajith Nivard Cabral, Governor Central Bank refused to accept it back as he said we don’t need it.

    Also he was successful in the Hedging case with the foreign Banks. He also found a new arithmetic system at the Last Geneva Human right cession. Now he defending Mahinda Rajapaksha and his Family fearlessly from the War Crimes. So this Mr. Goodman should remember that it is not so easy to prosecute our Local Hero.

    On the other hand if our “Pachaude”, Wimal Weerawansa knows about this he will tear Goodman in to pieces. Also he has to face Champika Ranawaka, Nishantha Sri Warnasingha, Udaya Gommanpila, Galagoda Gandasara, Omalpe Sobitha, Akmeemana Dayaratna, Ittakande Saddatissa, Hudson Samarasingha, Rajpal Abenayaka as they are the sole custodians of Country, Pure Sinhala Buddhism and I don’t think proscuting is possible once our Wimal Weerawansa start another “Maaranthika Upawasaya” against this Goodman fellow.

    In my openion this Law Professor, Ryan Goodman is very Lucky as now a days our White Van Brigade is so busy with upcoming elections and our Local hero doesn’t wants send Motor Cycle Brigade as they are also busy to follow Upul Jayasuriya.

    So if the worse come to worse our Hero will start another KP kind of Operation to catch this Goodman fellow.

    • 2
      3

      Lapatiya ,

      Remember how R.Boggols/R.Hakeem’s went on issuing empty threats to sue CH4 for defamation , what about that classic , Bandula .J ‘s personnel “Puss wedilla” for not allowing CH4 team in to SL ! don’t we deserve these donkeys as we are equally dumb as them .

    • 3
      0

      Send that intellectual Doctor Mervyn to do the dirty work

  • 4
    1

    The Road Maps presented by Ryan Goodman are available in these links

    Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka – http://justsecurity.org/13403/road-map-ii-laws-apply-prosecution-citizen-war-crimes-the-case-gotabaya-rajapaksa/

    Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa http://justsecurity.org/12938/road-map-i-congress-and-administration-accountability-sri-lanka/

  • 0
    2

    Even if Gota is to be taken in, it has to be with the OK from India. It
    is possible that bureaucrats who were involved from India then will see to it the BJP follows the hidden help of ex-Congress Govt. Gota too would
    have laid claims on Indian Officials who were assisting him, including the
    Indian Army. These are the assurances under which Gota is playing havoc
    for the time being here ?? MR is taking advantage of this in building
    his family dynasty.

    • 2
      0

      “Even if Gota is to be taken in, it has to be with the OK from India”

      That must be right… Even the Indian Diplomat Devyani Khobragade was arrested and body searched after the Indian Government’s written approval :)

  • 0
    0

    Gotabayawelathi Rajapaksa.

  • 3
    0

    This is a rather hilarious joke!

    While talking about all legal pathways to prosecute GR, what charges has the good professor brought up against GR? The killing of senior leaders of LTTE who may have surrendered?

    Here is a country that had no qualms about killing 100,000+ civilians using ATOMIC bombs now trying prosecute a man who ended one the most vicious decades long terrorist campaigns for killing off a dozen of its top leadership? Who in the right mind would not have done that surrender or not? Particularly when the Americans were trying to stash them for later use!

    If they truly believe that end does not justify the means let the Americans first apologize to the Japanese! Then they can prosecute Israel for many a murderous wars waged on the Palestinians with American made weapons, then they can prosecute themselves first for chemical weapons they used on Vietnam, then they can pay compensation for half million children killed by them in Iraq through sanctions, …. then they may consider prosecuting GR for killing terrorist leaders!

    Like our own resident professor at CT Kumar David who believes that he can change the MR government with the support of Colombo elite and international community (who cares about 65% or so Sinhala population?), prof. Ryan Goodman too has totally lost is mind.

  • 0
    0

    Why is Ryan Goodman complaining about GR charging SF with treason when US is on a man hunt for Edward Snowden and Julian Assange both of whom if brought to the US would be charged with treason and sentenced to death for divulging US government secrets!

    Has Ryan Goodman forgotten that revealing government secrets no matter how right or wrong they are is still treason and treason is punishable by death not just in Sri Lanka but also in the USA! Wasn’t it this very same republican lead congress that wanted to send both of these men to the gas chamber?

    • 0
      0

      what you say is true. But what you do not understand is this situation was brought by Gotabhaya and MR government itself. There is no point in defending MR and GR when we/you cannot stop MR and GR from committing wrong acts. The wrongs these two commit are MISTAKES.

      The whole BBS saga supported by Gota is DISADVANTAGOUS to Gota and this government. Has not gota enough brain to understand this? Israel and US is setting a trap for MR and GR. The two are happily falling for that.

      If GR and MR are stupid not to realise that we need to chase them away. you dont seem to understand this point.

  • 2
    1

    As a Muslims in Sri Lanka we seek justice from UN Human rights. Gotabaya Rajapaksha is committed so many life in Sri Lanka , even now he is repeating the same to minorities in the country, I beg and pray please bring this wicked person to justice as soon as possible before he destroy more life.

  • 0
    0

    Benjamin Netanyahu and GR are bed fellows as it was evident in the past GR’s private SENA armies were very supportive of Israel policies in Gaza. GR is a war monger and has no place in a civilized society. Just because of this idiotic sibling, MR lost his vote bank from minorities and civilized society. Lack of understanding due to low level of education from school days coupled with military training has made him a megalomaniac character among like minded individuals. All these were on display when he had one to one interviews with various media personnel. Present president MS has made a good move by sending career diplomat Dhanapala to Geneva for some talks before the UNHRC sessions. These diplomatic maneuvering may bring positive outcomes. Unfortunately previous government relied on protesting in front of UN offices by using similar kind of breed.
    -SRI-

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