The Transnational Government of Tamil Eelam has unanimously adopted the resolution passed by an ‘Assembly of Persons Concerned with the Genocide of the People of Tamil Eelam’ that called for the prosecution of Sri Lankan “military and political actors responsible for genocide and crimes against humanity.”
At the ceremonial first sitting of its second Parliament in the State of New Jersey, USA on 8 December 2013, the TGTE parliament accepted in full the resolution passed earlier on the 29 September, 2013 in London, England by this specially constituted ‘Assembly of Persons’ who in their “plan of action” declared among other that “accountability mechanisms” should be established so that these military and political actors are prosecuted, “under all available means in international law.”
The resolution under Clause 13 stipulated the “accountability mechanisms” that should be pursued:
“We request that the United Nations Security Council refer the high level political and military leaders of Sri Lanka to the International Criminal Court for prosecution. If that does not prove feasible, we request that the United Nations General Assembly establish an International Criminal Tribunal for Sri Lanka pursuant to its power under Article 22 of the United Nations Charter that is modeled upon the International Criminal Tribunal for Rwanda.”
The resolution under clause 14 further called for “the people of Tamil Nadu to bring pressure on the Government of India to sue Sri Lanka before the International Court of Justice for genocide under the Genocide Convention of 1948.”
Some of the legal luminaries and eminent persons present endorsing the resolution passed in the London Conference were Geoffrey Robertson QC, Prof. Francis Boyle, David Matas, S V Kirupaharan, Robert Evans, Ali Beydou and Prof Sornarajah.
The Resolution in full accepted and adopted by the TGTE parliament reads as follows:
ASSEMBLY OF PERSONS CONCERNED WITH THE GENOCIDE OF THE PEOPLE OF TAMIL EELAM BY THE GOVERNMENT OF SRI LANKA
RESOLUTION ON A PLAN OF ACTION
We constitute ourselves today, the 29th September, 2013, as an Assembly of Persons Concerned with the Genocide of the People of Tamil Eelam by the Government of Sri Lanka, its armed forces and its political leaders and resolve on the following plan of action:
1. As an Assembly, we declare that accountability mechanisms should be established so that the military and political actors responsible for genocide and crimes against humanity are prosecuted under all available means in international law.
2. The UN Office of Legal Affairs has advised the Secretary General that he had the power to establish a Commission of Inquiry into the state atrocities in Sri Lanka. We request the Secretary-General to establish such a Commission of Inquiry as there has been no progress in this matter for four years.
3. We declare that this genocide continues so long as the Tamils taken into custody are unaccounted for by the Government of Sri Lanka.
4. We declare that the genocide and crimes against humanity continue as long as the Sri Lankan army is in occupation of the lands of the Tamil people. Such occupation destroys the identity of the Tamil people and is intended to intimidate them into subjection. The army must be withdrawn and the occupation ended.
5. We declare that the lands occupied by the Sir Lankan army be returned to their owners, in accordance with principles relating to the property of internationally displaced persons. All moveable and immovable property must be returned.
6. We declare that, upon return, compensation be paid to the legal owners for the period of dispossession of their lands by the Government of Sri Lanka.
7. We declare that military personnel and others in illegal possession of such lands are personally liable for such compensation and that their civil liability will be established before courts of other states if they travel to any other country of the Tamil diaspora.
8. We demand that the Government of Sri Lanka restores destroyed property in the NorthEast to its previous state.
9. We demand that all land transferred to foreign investors or to local investors be transferred to their original owners. If they were public lands, they must be handed back to the local governments for public use. All such transfers will be challenged in the courts of the home states of the foreign investors on the ground that they hold illegally seized lands.
10. We demand that, women, especially the war widows, are protected from rape and gender based violence by the occupying forces. We declare that such harassment constitutes genocide in accordance with standard definitions of genocide.
11. We will explore every legal technique available to secure redress for the people of the NorthEast of Sri Lanka.
12. We recommend the establishment of a legal committee to pursue the issue of accountability for the genocide of the Tamils of Tamil Eelam, the rape and sexual harassment of women and the grabbing of their lands. The committee must explore the interconnectedness of these events with a view to establishing genocide.
13. We request that the United Nations Security Council refer the high level political and military leaders of Sri Lanka to the International Criminal Court for prosecution. If that does not prove feasible, we request that the United Nations General Assembly establish an International Criminal Tribunal for Sri Lanka pursuant to its power under Article 22 of the United Nations Charter that is modeled upon the International Criminal Tribunal for Rwanda.
14. We ask the people of Tamil Nadu to bring pressure on the Government of India to sue Sri Lanka before the International Court of Justice for genocide under the Genocide Convention, 1948.
15. We call upon the Tamil Diaspora and people of good faith and goodwill all over the world to engage in acts of peaceful resistance against Sri Lanka in the spirit of Mahatma Gandhi’s satyagraha.
16. We recommend that an umbrella group of all people threatened with genocide is formed in London to pursue the achievement of strong laws against genocide and support each other in their pursuit of self determination.