23 September, 2020

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UN Report’s Acceptance Of A Hybrid Tribunal Is Flawed: ICPPG

“The Sri Lankan Government’s proposal of a domestic tribunal or as an offer of compromise to the international community, a hybrid tribunal, will not secure the aims that the Human Rights Commissioner has stated. The Report’s acceptance of a hybrid tribunal having both domestic and external judges is flawed.” the Centre for the Prosecution and Prevention of Genocide said in a statement.

Centre is Headed by Professor of  International Law :  Professor M Sornarajah

ICPPG Head Professor M Sornarajah

Welcoming the Report of the Office of the Human Rights Commissioner’s Investigation on Sri Lanka (OISL), the Centre for the Prosecution and Prevention of Genocide (CPPG) called for an international tribunal to investigate the allegations of war crimes during Sri Lanka’s civil war.

We publish below the statement in full;

The Centre for the Prosecution and Prevention of Genocide welcomes the Report of the Office of the Human Rights Commissioner’s Investigation on Sri Lanka (OISL). The Report contains serious allegations of a full range of heinous international crimes committed by the Sri Lankan armed forces. The OISL Report provides easy means of identification of the perpetrators of these crimes. On existing theories of international criminal law relating to command responsibility and joint criminal enterprise, there is little room for doubt that the commanders on the field as well as operational commanders have responsibility for these crimes. The President of Sri Lanka at that time, Mahinda Rajapaksa, being the supreme commander of the armed forces, bears direct command responsibility. The operational and field commanders are also easily identifiable. Many of them are named. Some names appear frequently in the Report. All of them have command responsibility and were possibly engaged in a joint criminal enterprise.

The thoroughness of the Report is admirable. There is need for the Report to be followed up by the institution of proper mechanisms ensuring accountability.

In anticipation of the release of the Report, the High Commissioner had already stated that the OISL’s “findings are of the most serious nature”. (Speech of High Commissioner at the Opening Session of the Human Rights Council on 14 September, 2015). He promised to make his recommendations after releasing the Report. In his speech he said: “..this Council owes it to Sri Lankans-and to its own credibility- to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence”. Equally importantly, the Centre believes that if there is no meaningful prosecution of the crimes, it would set-back to the international community as a whole. A link in the precedents that meaningful prosecutions will follow the violations of serious international crimes will be severed. An excellent Report, the first of its kind, stating with authority the whole episode in history in the context of international humanitarian law will go waste if meaningful follow-up action is not taken.

The Centre agrees with all the recommendations made in the Report except the reference to hybrid tribunals. The Centre particularly welcomes the recommendation that legislation should be enacted to make war crimes, crimes against humanity and genocide, crimes without any statute of limitation applying to them. It welcomes the idea of a permanent presence of the Office of the High Commissioner for Human Rights in Sri Lanka.

The Centre believes that the crimes committed against Tamils were genocide and nothing less. The opportunity for testing out this view must be provided.

The Centre believes that the hybrid tribunal, recommended in the Report, will not be effective in ensuring accountability. The rejection of domestic tribunals is sound but a hybrid tribunal will be flawed not only on constitutional grounds but also on grounds that domestic judges, who are already biased or subject to pressure, will sit on the tribunal.

The manner in which the system of accountability is created will be the test of the credibility of the United Nations system, the international community and the Government of Sri Lanka. It is on that the attention of the international community should be focused especially in light of the excellent Report of the High Commissioner.

The Sri Lankan Government’s proposal of a domestic tribunal or as an offer of compromise to the international community, a hybrid tribunal, will not secure the aims that the Human Rights Commissioner has stated. The Report’s acceptance of a hybrid tribunal having both domestic and external judges is flawed.

The Centre gives the following reasons for taking such a view:

1. It is unlikely that the Sri Lankan judges, chosen by even a neutral party like the Secretary General of the United Nations, will remain unbiased. The Report itself speaks about the pressures that Sri Lankan judges are subject to. Such pressures will continue if domestic judges are appointed to a hybrid tribunal. The experience of the hybrid tribunal in Cambodia is a case in point. In situations where the alleged perpetrators still enjoy power within the Sri Lankan society, the possibility of such pressure is indeed certain.

2. The constitutionality of such a tribunal within Sri Lanka will be endlessly queried as it would not have been appointed in accordance with the constitution that mandates judges exercising judicial functions in Sri Lanka be appointed by the Judicial Services Commission.

3. The rule relating to nullum crimen sine lege is a constitutional principle in Sri Lanka. It prohibits ex post facto legislation. The potential application of any new Sri Lankan law becomes difficult.

4. The OISL Report rightly points out that there is no existing structure for accountability in Sri Lankan law. The Penal Code of Sri Lanka, if relevant, is an archaic legislation made for India in 1860. It does not contain modern doctrines relevant for international crimes such as command responsibility or joint criminal enterprise. A possibility is to enact, as in Bangladesh, an International Crimes Tribunals Act or similar legislation containing international crimes and the necessary procedural rules. But the two-thirds majority or any majority necessary for such legislation will not be forthcoming in Sri Lanka.

5. The belief circulated by the Government of Sri Lanka that Article 13 (6) cures this defect is false. Article 13 (6) states :

“No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed.

Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by the community of nations.

It shall not be a contravention of this Article to require the imposition of a minimum penalty for an offence provided that such penalty does not exceed the maximum penalty prescribed for such offence at the time such offence was committed”.

6. It is facile to believe that the second paragraph of Article 13 (6) enables the inclusion of international crimes existent at the time of its commission into the Sri Lankan law. It refers to acts “criminal according to general principles of law recognized by the community of nations”. International crimes, which exist, are created by treaties not by general principles. General principles are seldom used in international criminal law.

7. In any event, the punishment for these offences, if they can indeed be found in general principles, cannot be ascertained with any certainty. The constitution requires that the minimum and maximum punishment for a crime is stated in the law creating the crime.

8. The principles of joint and several liability and other adjectival law, the nature of the defences that can be pleaded in international law are based on treaties and precedents of tribunals under such treaties. They are not based on general principles. These concepts are novel. The concept of joint criminal enterprise liability had to be argued as a novel proposition before the Cambodian Tribunal. It would be difficult to fit them into the archaic Penal Code of Sri Lanka.

9. Constitutionally, the above are not the only impediments to a trial by a hybrid tribunal in Sri Lanka. The domestic judges appointed to the tribunal are unlikely to have knowledge or experience in international criminal law.

10. The Sri Lankan judges are notorious for bias. Three recent appointments as Chief Justice (excepting the present holder of that office) are doubtful ones. They were political appointments. The International Bar Association and several other bodies have acknowledged the extent of political interference with the appointments of Justices in Sri Lanka.

11. An important book, written by two Sinhalese lawyers, attests to the ethnic and religious biases of the judges of the Supreme Court. The book, Judicial Mind in Sri Lanka: Responding to the Protection of Minority Rights, indicated the inability to leave behind ethnic and religious prejudices when dealing with minority issues. A tribunal consisting of such judges would be an enactment of a farce.

12. If the tribunal is to be a hybrid tribunal, it will have to have international judges. It may be unconstitutional for foreign judges to sit in Sri Lanka and exercise jurisdiction over crimes committed in Sri Lanka. Judges in Sri Lanka have to be appointed by the procedure specified in the constitution for the appointment of judges. The procedure involves the Judicial Service Commission making the appointment. The Commission cannot appoint overseas judges. It is unlikely that a hybrid tribunal would act constitutionally if it sits in Sri Lanka.

13. The practical issues of holding such trials in Sri Lanka are immense. Given the political support that the former President Rajapaksa still has in the country, such trials will be attended by riots and demonstrations. Given the militarization that has taken place in Sri Lanka, the trial of military personnel will provoke backlashes that may be a threat to democracy in the country.

14. The Centre notes the difficulties that have attended hybrid tribunals that have been established so far.

15. The seriousness of the crimes recorded in the Report invite the question as to what the international community and the United Nations were doing while these atrocities were being committed. The international community and its institutions must rectify its omission through the establishment of proper mechanisms for accountability. The hybrid tribunal is not the solution.

16. The crimes of such a serious nature must be prosecuted before an international tribunal. The Centre readily concedes that the International Criminal Court may not have jurisdiction without a resolution of the Security Council as Sri Lanka is not signatory to the Rome Statute of the Court. A Security Council resolution may not be forthcoming due to the exercise of the veto by some permanent members.

17. But, this does not by itself preclude the establishment of an international tribunal. Under the law, every member state of the international community has universal jurisdiction over crimes such as war crimes, crimes against humanity and torture. The Report of the High Commissioner records such crimes as having been committed in Sri Lanka.

18. Every court of every state has universal jurisdiction over such crimes. It is possible for states to join together to establish tribunals to try such crimes. It is within their legal powers to do so. The earliest tribunals, the Nuremberg and Tokyo Tribunals, were so established by treaties. The Centre asks states to establish such a tribunal in recognition of the seriousness of the charges that have been raised in the Report.

19. The Centre suggests that an independent Prosecutor, with the powers similar to the powers of the Prosecutor of the International Criminal Court, be appointed first so that he could file charges on the basis of the report he makes on the evidence that has already been collected by the OISL. The OISL, in its mandate, was required to satisfy itself that there were “reasonable grounds to believe” that the allegations of international crimes were made out. The Prosecutor must detail in the Report that the evidence shows grounds to establish the crimes she investigates on the basis of a standard that would support criminal convictions. Thereupon, they should file charges against the person who allegedly committed the crime before the international tribunal, created in the manner suggested.

20. The International Tribunal would then hold a trial at which the guilt of the offender would be determined using the same procedures that are used by the International Criminal Court. This bold move will create a precedent for the future. There should be a back-up procedure for the International Criminal Court to provide for circumstances in which the Court lacks jurisdiction. It would be a pioneering exercise for the international community to devise such a default procedure.

21. The international community must ensure that strong deterrents are provided against the commissions of similar crimes in other states. It will be an opportunity for establishing strong precedents that is wasted if the Sri Lankan Government is permitted to wriggle out of these immense crimes it has committed or condoned through the mirage of an imperfect prosecution.

22. Only an impartial Prosecutor, appointed from overseas, performing the functions similar to those of the Prosecutor of the ICC, could perform the prosecutorial functions in an acceptable manner. Only an international tribunal trying crimes under international law through procedures devised in international conventions could deliver justice in respect of the international crimes recorded by the Report of the High Commissioner.

23. The Sri Lankan Government as the Report points out is known for its vacillation and duplicity. Its promises are never kept. It would be wise to transfer competence over the process of accountability to an international tribunal.

For the reasons stated above, the Centre believes that the findings of the Human Rights Commissioner should be followed up through an international mechanism that ensures accountability.

Issued on behalf of the Centre for the Prevention and Prosecution of Genocide, London. The Legal Committee, which prepared this statement, consisted of Professor M Sornarajah and other human rights lawyers.

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Latest comments

  • 7
    10

    ICPPG:

    What are your recommendations on how to prosecute the LTTE for their war crimes and crimes against humanity?

    What do you have to say about their “command structure” and the individuals who funded, trained, planned and executed crimes against humanity, both in Sri Lanka and India, let alone the internecine murders and violence they committed in countries like Canada?

    • 8
      6

      sinhalese Buddhist:

      Why can’t the Hybrid Court look into the crimes of the LTTE as well? I feel the proposed mechanism that consists of domestic and international investigators would have the mandate to summon Rudrakumaran, Usha Sriskandarajah, Adele Balasingham et al for an interview.

      • 3
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        RP
        Have these terrorists agreed to come forward? I like for them to come forward and proclaim their agreement to do so. Also I want to hear from every diaspora tamil who funded this terror war.

        • 6
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          Nuisance stupid I

          “I like for them to come forward and proclaim their agreement to do so.”

          You should invite Indra and Hindian bureaucrats.

          Also the history of war crimes didn’t start with Indra, in fact well before on 5th April 1971.

          Somawansa is still alive so are a few army and police officers.

          Why not go back to origin of terrorism in this island. You won’t simply because you are the number one stupid in this forum.

          • 7
            3

            Stupid!

            “The OHCHR report on Sri Lanka released mid-last week had dropped all names of alleged persons”

            This is only the start then what would meddling Hindia do? Would it not tweak it further at every stage? What are the stupid Tamils doing about it.

            Aren’t folk like Real Peace and his type of elk nit picking and sabotaging any form of inquiry by not reading that both parties to the conflict are to be prosecuted?

            Tamils oh Tamils how stupid, jealous and selfish can you be?

          • 3
            6

            Stupid vedda,
            Who said anybody who is/was an accessory to terrorism should not be called in for investigation? You are a retard when it comes to responding to my posts!!
            Even Blair, Macre etc. Should be investigated for any role they played in this. Specially Blair for allowing terrorists to use UK as their base.

            • 0
              2

              Eusense,

              If NV is stupid, one would not find words to describe your mentally retardness not being able to see anything close to right. Either you are sick or you behave so – to protect your parties.
              Evident is when studying the way MR and his regime functioned in the post war times, bring myriad of proofs about the criminal energies of Rajapakshes.

              • 1
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                Leela
                What a response!
                Learn to respond to what is said. Not irrelevant garbage.

            • 0
              1

              Eusense

              When did Blair allow LTTE to use UK as its base? LTTE was proscribed in UK. Do not once again confuse LTTE supporters and LTTE. Every Tamil is involved to varying grades and shades and all are ‘guilty’ to some extent if that pleases you. There nothing called a good man and a bad man, both have both qualities and it is by the proportion you label a person good or bad. A good man will have a great deal of goodness in him but may have some small extent of bad qualities too, and similar in a bad man. So you have to draw a line some where if not nothing will materialize.

              • 2
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                Shrikharan

                Further I am told LTTE boss in London was sentenced to prison and I believe he served 2 years and was released on condition that that he refrained himself from political activities.

        • 1
          2

          Eusense

          ” I want to hear from every diaspora tamil who funded this terror war.”

          You are getting into complications. First you have to define ‘terror war’ which I am afraid both sides are really culpable. Who funded for each side? Now that is a very difficult thing to prove and then it will take a long time to conclude the case. So first catch the people who are directly involved and not those who funded. No one in the diaspora gave money ‘addressed’ directly to the LTTE! For example it could have been funded from the proceeds of a music show. Or dumped cash into an open till. So how are you going to catch me if I just dumped some cash into an open till? so make it easy for the investigators who are struggling even to implicate those who were directly involved. Going after people who thrust money into an open till will make everyone escape as all will die a natural death!

          Rudrakumaran was only a lawyer for the LTTE. Lawyers do not go to jail with their clients. He certainly ‘supported’ the LTTE which is not a crime in itself. He certainly supported the cause like many Tamils did. Many supported silently and many did so openly but did not provide any material support. They could have demonstrated holding LTTE flag but that is not a reason to be charged for ‘crime against humanity’. You will be wasting your time unless you want this case to go on for 100 years!

          • 2
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            Shri,
            It is not that complicated and a waste of time. If you supported the ltte in any manner whatsoever (like represented in legal matters, fundraisers, contributed money, carried ltte flags, participated in protests etc.) I would like you to come forward and say so and explain to the panel your actions and answer few questions they may have. Such statements may possibly help determine the culprits. By the way no one said supporting the ltte was a crime!

            • 1
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              Nuisance the stupid I

              “Such statements may possibly help determine the culprits”

              Is there anyway you can help Investigators determine or identify the war criminals among the armed forces and politicians?

              Please feel free to contribute.

            • 0
              1

              Dear eusense,

              Thank so much for your reply. There are things LTTE did was wrong and there are things LTTE did right. Tamils knew that. But overall at that time Tamils did feel it was a necessity. You cannot take the good things from LTTE and drop the bad things we have to accept its totality and support the LTTE for its totality. Balance the credits and debits and Tamils felt LTTE was then on the credit side. Pardon me if I say LTTE was then a necessary evil. Please do not misunderstand me and am being honest.

              Tamils were in a dire situation during the 50’s, 60’s and 70’s when we have faced ‘terrorism’ by the majority and I knew as a child our parental generation was always speaking of the 1958 anti-Tamil terrorism and the fear always lingered in that generation. Certainly the word ‘terrorism’ was not coined and was known by another English word. But what Tamils faced was actually terrorism and having lost life, limb and property. All these were in my feeling result of SWRD Bandaranayake’s anti Tamil and Sinhala only sentiments.
              It was after the 1983 Anti-Tamil pogrom when many Tamil had to leave the country for security reasons and became domiciled in the Developed countries. Certainly that was a windfall to the LTTE. The bitterness of those Tamils made LTTE coffers grow.
              I do not like to venture again and relive in the painful past but, I do not justify any wrongdoing from ‘my’ side towards the Sinhalese. I am quite well aware of the suicide bombings and other forms of violence inflicted as part of tactics by Tamil militants.

              But I must jump to tell Tamils in general until the introduction of the discriminatory media-wise standardization were a hardworking and god fearing set of people, especially the people from Jaffna. Tamils shunned away from bad people and out casted such families. Every family gave priority to the education of their children and had ambitions to send them to University. All Advanced Level students clamoured to enter the University especially the Engineering and Medical faculties.

              I too entered the University in the same year you entered so we belong to the same age group, and I hope you may recollect Jaffna had flourishing tutories which catered to these students and conducted classes from early as 4am in the morning. The teachers were so dedicated to give the best to their students and they organized with their colleagues and held many mock exams to coach the students, and I remember I got these question papers down through my relatives in Jaffna (I was a Colombo Student).

              It is sad how a once hardworking, honest and god fearing people got transformed into ruthless terrorists. It is the media-wise standardization which was the last straw that broke the proverbial camel’s back, which made the Tamil youth to feel enough is enough. Transformed a peace-loving, studious, and a cultured population to take up arms. I don’t know whom to blame this on. I think the Tamils need lots of reassurance and space to recover. Once again I must reassure you I have nothing personal against any Sinhalese. ‘Good people’ and ‘bad people’ boil down to individuals and not into communities and I would say there are extremely nice people in all communities and so there are bad people. Sinhalese and Tamils are no exception and there are very nice people in the Sinhalese and so there are very cruel people. The same applies to the Tamil community, with good and also very bad and undesirables.

            • 0
              1

              I would like you to come forward and say so and explain to the panel your actions and answer few questions they may have.

              I love your suggestion!

              My involvement is writing comments like the Colombo Telegraph, TamilNet, Tamil Canadian justifying the events that lead to the armed struggle. I do agree as I have told elsewhere LTTE did wrong things and I did not agree at a personal level to many things they did. LTTE was perceived as a necessary evil by many. I can assure you I am only trained to shoot with my pen/keyboard. I have only used toy gun as a kid playing cowboys and crooks. Just an after thought, I must confess I had rifle shooting classes with target practice in school as a grade 6 boy. But after never touched a weapon. I never provided any financial contribution to any organization experiencing a struggle to meet both ends for my own needs.

              So will I get a free trip abroad with free hotel accommodation to reveal my ‘involvement’? Your good friend Native Vedda too will benefit and be ever grateful to you! I think you made a good suggestion and must thank you for it.

              • 0
                1

                Eusense

                (I reposting as I have not properly addressed)

                I quote you “I would like you to come forward and say so and explain to the panel your actions and answer few questions they may have.”

                I love your suggestion!

                My involvement is writing comments like the Colombo Telegraph, TamilNet, Tamil Canadian justifying the events that led to the armed struggle. I do agree as I have told elsewhere LTTE did wrong things and I did not agree at a personal level to many things they did. LTTE was perceived as a necessary evil by many. I can assure you I am only trained to shoot with my pen/keyboard. I have only used toy gun as a kid playing cowboys and crooks. Just an afterthought, I must confess I had rifle shooting classes with target practice in school as a grade 6 boy. But after never touched a weapon. I never provided any financial contribution to any organization experiencing a struggle to meet both ends for my own needs.

                So will I get a free trip abroad with free hotel accommodation to reveal my ‘involvement’? Your good friend Native Vedda too will benefit and be ever grateful to you! I think you made a good suggestion and must thank you for it.

    • 8
      6

      sinha. buddh.

      What produced the LTTE?

      What made them vehement?

      • 1
        2

        Your support, your money, your praise

        • 2
          1

          taraki

          “Your support, your money, your praise”

          You may be right in a parochial sense and within a limited space and time.

          The appropriate starting point is “what did produce the Sinhala/Buddhist terrorists in the South?”

          Was it Sinhala/Buddhists support, their money, or their praise?

          What did produce Anagarika Dharmapala (the homeless one), Banda, …. and MR?

    • 8
      3

      sinhalese buddhist

      “What do you have to say about their “command structure” and the individuals who funded, trained, planned and executed crimes against humanity,”

      You got it right.

      Where do I start, you got to start with Hindians from Indra Gandhi to officers of the RAW who created, trained, armed, funded, provided publicity, directed, sustained, .. LTTE. Then Premadasa for providing arms and cash, then off course Mahinda who bribed the LTTE to help in the democratic process.

      “What are your recommendations on how to prosecute the LTTE for their war crimes and crimes against humanity? “

      You can start with KP, Karuna, Pillayan, Daya Master, members of Pottu Amman department who now closely work with military intelligence. members of EPDP and its leader, …………..

    • 2
      1

      ICPPG Head Professor M Sornarajah

      RE: UN Report’s Acceptance Of A Hybrid Tribunal Is Flawed: ICPPG

      Yes, it is Flawed, because they should Establish Tribunals in every Sri Lankan Court as they are Corrupt.

      Why restrict to war crimes. What a farce..

  • 5
    12

    http://icppg.org/ Is a an off shoot of the TGTE, prof M Sornarajah is said to have drafted the “Genocide” resolution passed at the Northern Provincial Council. All this people have nothing better and just vanity these affairs. prof M Sornarajah left TGTE so he could be his own one man PM.

    • 3
      2

      typical [Edited out] in the manger attitude- the curse of the tamils- mahasoni!
      who gives a sh*t to your garbage of whom Sraja represents.
      What is important is the substance.
      He is following the lines given by Boris when there is no ICC.
      London is where it all takes place.

    • 3
      1

      What evidence do you have to prove that the genocide resolution was drafted by the said Prof.as alleged by you,that the NPC passed.?
      Again on what basis do you say that the said Prof. had been associated with the TGTE? How can he leave it if he was not in it in the first place?

    • 0
      0

      Hi Arun M, First get your facts. Don’t depend on ‘hear says’ anecdotal evidence. He a top class lawyer, don’t get dragged to courts. Few comments writers,do just write for the sake of kicks. Some exhibit their racist upbringings, with brain washed to such an extent with Mahavasa Buddhism, and ignorance on the subject. God save them

  • 7
    1

    “”A Security Council resolution may not be forthcoming due to the exercise of the veto by some permanent members.”

    don’t ever dream of communist voting for human rights- their birth mark says it all. They alone are not the world of the west. Nasel Labour opposition said no to Syria and out of respect by a black president of USA who had not done well with Libya (it was a labour Tony stronghold) and Cameron. If America wants to bomb it will- its still the only giant.

    Without a democracy communism does not flourish. WW2 Moscow was bombed by Japan and Russia was broke with no equipment and same was with China. President Roosevelt and the Americans funded both countries.
    Yet both Stalin and Mao duped and misused the cash input to kill 10’s of millions of its own people which wheel chair ridden Roosevelt realised a couple of weeks before his death ( 2 weeks before the bomb was tested ready) that he could not hit them back. Successive Lankan governments have done the same and now they are planning to show their middle finger to the Americans by hugging onto the Indian saree and diluting like tea/pee.
    Just like LTTE killed the son of its creator. The animal behaviour of man built on ideas than senses and emotions.
    For $2 billion Putin received from Bush he approved the Iraq war and the Chinese as usual run under the covers when they are alone.

    Go for a tribunal (because it is beyond the scope/subjects of judiciary alone) but their findings have to be presented to the Judiciary for convictions? Tribunals are cheaper for all too.

    Just imagine how FBI has hunted Blatter to the extent that the man is now unable to leave Swiss even before prosecution. American tentacles go a long way and it is still the only power with a weak Obama because he is black.

    Come Donald Trump and Putin and Lanka would puke.

  • 2
    1

    Why can’t domestic legal professionals like Mohan Peris, Sarath N Silva , G L Peris, Shiranthi Bandaranayake , Namal Rajapakse, Palitha Kohona , reply to ICPPG above view, in a professional manner ?
    These domestic professionals have the freedom to get the advise of outsiders like Desmond De Silva and make it a reply based on HYBRID legal competence.

    Alternatively these domestic legal professionals I’ve mentioned can hire an US or UK International Law Firm to reply on behalf of them.

  • 2
    1

    It is unfortunate people are ignorant or does not want to accept the root cause of the issues which lead to the civil war which ravaged the beautifull island called Srilanka.The name terrorist did not spare
    even the liberation organization who fought against oppression.Two wrongs does not make a right.It is time to move forward with lesson learned and finding the truth behind all the destruction and sufferings as a result of violation of rights and crime against humanity to pave the way for reconciliation peace and stability in the country for the betterment of all
    irrespective of their race language they
    speak and religion they follow.We all are
    Children of our mother Lanka.

  • 0
    3

    It is always good to prosecute the LTTE. All the cases LTTE was scapegoated will come with truth. Athulathmuthali case, Amirthalingam, Kadirkamar, Janka perera etc etc.

  • 2
    1

    The follwing is the briefest background I was able to locate on Prof.Sornatajah:

    “Muthucumaraswamy Sornarajah (born 24 April 1942)[1] is a legal academic. He is the C. J. Koh Professor of Law at the National University of Singapore,[2] the Tunku Abdul Rahman Professor of Law at the University of Malaya,[3] and the former head of the school of law at the University of Tasmania.[4]

    Sornarajah atteended the Royal College Colombo and received law degrees from the University of Ceylon, Yale University, the London School of Economics and King’s College London. He taught at the University of Ceylon from 1966 to 1973, at the University of Tasmania from 1974 to 1984, and the National University of Singapore since 1986. He has also been visiting faculty at several other universities.[5] He has been editor-in-chief of two journals, the Singapore Journal of Legal Studies from 1996 to 2000 and the Singapore Journal of International and Comparative Law (which he founded) from 1998 to 2000.[4][5] His book, The International Law on Foreign Investment, is the leading text on this area of the law which deals with issues of protection of foreign investments made by multinational corporations.[6] His other books include Law of International Joint Ventures[7] and The Pursuit of Nationalized Property.[8] Sornarajah has been a member of the advisory panel of the Transnational Government of Tamil Eelam,[4] and in 2011 he was appointed to its Ethics Commission.[9] He also belongs to the Board of Advisors of the United Nations Conference on Trade and Development Project on Dispute Settlement.[10]”-Wikipedia.

    He is much more qualified to write on the the subject than most of us. His connections to the TGTE and by extension to the LTTE can of course influence his interpretations. I hope he as a senior academic has risen above this bias.

    The Sri Lankan State and the LTTE are two sides of the same coin. What he says may be applied to both sides. This is what the UNHCR has done. Though the scales quantitively may be different, the heinousness of what is alleged to have been done are qualitatively the same. Further inquiries will reveal details that have not been mentioned in the UNHCR report.

    The link being made between the NPC and Prof. Sornarajah are possible because of the ‘Royal College and Law College’ connections between him and CVW. I of course do not agree that there was a genocide in Sri Lankan, in terms of what I know and have experienced. I have to be convinced yet.

    Considering the quality of our judicial system and how it has failed us from the times of the Soulbury constitution and with increasing intensity thereafter, it cannot be expected to do what needs to be done. The manner in which the judiciary has been debased by the political wing of our state and permitted itself to be trampled, during the MR regime, does not permit much confidence to be placed on our judicial system. It will take a decade or more to nurture it back to what it should be.

    The Hybrid system proposed is the need of the hour, to expose what had happened through intense local inquiries and demonstrate to this country how such things should be done. The Penalty should be of the ‘Naming and Shaming kind’ tempered by forgiveness. It should not exacerbate existing wounds.

    Dr.Rajasingham Narendran

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