27 November, 2020

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War Crimes: US Insists On International Participation In Special Court

The United States has insisted that international participation; specifically foreign judges are needed in a special court that will probe war crimes that is believed to have taken place during the last stage of the war in 2009, which reportedly killed at least 40,000 civilians.

US Assistant Secretary of State for Democracy, Human Rights and Labor, Tom Malinowski has said that international participation in a special court had been emphasized by the international community because of “an erosion in the confidence” in Sri Lanka’s courts over the years. He made this statement while speaking to journalists on Thursday.Nisha Biswal and Assistant Secretary Tom Malinowski and TNA

*Assistant Secretary Nisha Biswal and Assistant Secretary Tom Malinowski met with Opposition Leader R. Sampanthan and other coalition party leaders of the Tamil National Alliance (TNA) in Colombo. Photo via Facebook U.S. Embassy Colombo, Sri Lanka

Malinowski, along with US Secretary of State for South and Central Asian Affairs Nisha Biswal is in Sri Lanka on an official visit. The statement from Malinowski also comes amidst increasing concerns that Sri Lanka will not stick to its pledge to the UN that international participation will be permitted in such a court.

Malinowski emphasized that while there were complicated matters in such a process, it was also important that they were done in a manner which will enhance the confidence of the public and all communities.

According to him, the UN resolution has respected Sri Lanka’s sovereignty, which was why according to the resolution; the Government of Sri Lanka was allowed to determine the structure and composition of the court.

Early this month, going against the undertaking given to the UN, President Maithripala Sirisena declared that until he is the President of Sri Lanka, no foreign judges or courts will be part of any judicial process. “As long as I am the President of this country, I will not allow for any international courts, international judges and international organisations to interfere with the internal affairs of Sri Lanka and the judiciary,” he said.

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  • 15
    4

    DJ, the Patriot,[Edited out],

    Let’s re-visit your four-year long chest-thumping following the horrifying dupe of “zero civilian casualty” that you inducted at the 2009 Sessions! Did you not claim of the single-handed victory that earned you the “wine-and-roses” appointment at Paris, though it was happily short-lived, relegating you rather quickly to the local trash bin where the likes of you rightly belong!

  • 3
    4

    lol

    • 8
      5

      yes US we r worried about systemic failures in US police force, the way they treat minorities -can we have a independent international inquiry please.. Lol

  • 16
    4

    When two parties are involved in a dispute, the judgement should be given by a third party. In srilanka it is the government who is named as one party and the victims another. It is ludicrous that government wants to have the sole power to decide on the judge. Not only that, the very President of the present government was the Defence Minister whose military was involved in war crimes.

    The UN Resolution proposed by the present government included foreign participation in judgement and prosecution.No doubt that this proposal was aimed to hoodwink the minorities and the Western powers.Going back on the promise was the art of Sinhala-Buddhist governments from Dudley,Banda ,JR days.

    • 7
      8

      James

      There’s no, there was no and there will be no Sinhala Buddhist government in Sri Lanka.

      Minorities are represented in the parliament.

      Is the British government English christian, Indian government Hindi Hindu?

      Unfortunately the majority in Sri Lanka suffer because they’re Sinhalese and most probably Buddhists.

      Don’t look at Sri Lanka through hatred eyes.

      The armed conflict was between Government security forces and terrorist organization so the third party is the judiciary.

      If the judiciary seems to be corrupt voice against it, put pressure upon the government to clean it but forcing foreign judges here isn’t acceptable.

      That’ll cultivate more hatred in the country and may be that’s what’s needed by separatist forces living in foreign countries.

      • 5
        4

        “””the majority in Sri Lanka suffer because they’re Sinhalese and most probably Buddhists.””

        Dear James, I would like to modify your above statement. The majority of Srilankan people suffer because of a few wealthy western educated, capitalistic power hungery Buddhist Sinhalese and a few Buddhist fundamentalist Monks misleading with lies and misusing the power. They use the ignorance of the poor maasess to create hate against other citizens of this island. It is they who arranged mass scale violence against other religious people and it is they who brought discriminative policies lead to blood bath in this soil. It is they who violated the buddhist teachings and violated the law of the nation. You may be aware that a Buddhist Sinhala journalist Lasantha was murdered in a day light in front of security forces and still you couldn’t bring the murderers to justice because the justice system canot function independently. Even former President Rajapakse and his group now say they are going to UN because the justice system is flawed. Justice is the prime for unity and reconciliation.

      • 1
        0

        “The armed conflict was between Government security forces and terrorist organization so the third party is the judiciary.”
        Note that the Govt. SecForces are mainly totally Sinhalese Buddhists in this conflict, while it is true that the terrorist organization LTTE was mainly totally Jaffna Tamils. One of the third party, which is the Police (investigative arm) is totally Sinhalese. The other third party, the judiciary is majority Sinhalese, in fact even the language of the courts has been modified to accept on Sinhalese language. It is a fact that both the Police and Judiciary are deeply corrupt and politicized specifically with the Sinhalese Politicians. Nominating Sribawan as CJ does not change that factor but is simply a method by these same Sinhalese Politicians to show a semblance of “good” happening inside a terrible system that is not only reeking of corruption but also ingrained racism.
        Their are no separatist forces outside the country, it is the Sinhalese themselves who are responsible for separatism in this country. Remember, the damage done to a religion is not by other religions, but by that religions own followers. We can clearly se that in Islam and even in Sinhalese Buddhism.
        When any disease is detected at an early stage, a simple treatment done correctly will control or eliminate it. However, the diseases in SL though recognized on time, were manipulated – misused – arrogantly dismissed by the leaders of this country and society mainly the Sinhalese and now it has come to a stage of International Participation. If Sri Lanka wants to stay united, the only solution is to follow her own promises made to the UN, otherwise the Sinhalese and their leaders and going to make their final gaff for the division of this country. Cheers.

        • 0
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          Spark

          In the Security forces, police and judiciary; majority are Sinhalese and Buddhists because the majority of the country are Sinhala Buddhists.

          You can’t help it.

          But you (the minority) have a responsibility to see whether there’s a discrimination when recruiting and opportunities are given for higher positions in judiciary.

          It’s important to note that constitution gives equal opportunities for all the citizens irrespective of their ethnic groups or religious beliefs.

          There’s democracy in the country so it’s your duty to enjoy it without restoring to isolate on racial grounds.

          All the people suffer due to the corrupt attitudes of politicians and high ranking officials so fighting together is the best way to ensure better future.

  • 15
    2

    What I am hearing is that U.S. is sticking to the resolution and showing no compromise.

    I guess after all it is called a resolution. Sponsored by all including Sri Lanka and U.S.

    Everyone’s reputation is online for to today and future resolutions.

    I think SL is looking for some compromise and it does not look like it’s going to come.

    Lanka is dealing with countries who obey international agreements as per the agreements.

  • 9
    5

    US Assistant Secretary of State for Democracy, Human Rights and Labor, Tom Malinowski

    RE: War Crimes: US Insists On International Participation In Special Court

    “The United States has insisted that international participation; specifically foreign judges are needed in a special court that will probe war crimes that is believed to have taken place during the last stage of the war in 2009, which reportedly killed at least 40,000 civilians”

    “According to him, the UN resolution has respected Sri Lanka’s sovereignty, which was why according to the resolution; the Government of Sri Lanka was allowed to determine the structure and composition of the court.”

    But Sri Lanka wants only Sinhala Buddhists or other Sri Lankans who can be bribed and can be intimidated, the standard practice.

    This is a good start. Why?

    Crimes, Ethnic crimes, religious and war crimes have been committed for so-long since independence in 1948, you need to start somewhere.@009 is certainly a place for a good start.

    Question: What about the War crimes by LTTE?

    (Are we going to forget about the War Crimes by the US, England and other in Iraq, Syria and Libya, and Afganistan?)

    • 7
      2

      Amarasiri

      1) you asked what about the war crimes committed by the LTTE.

      The resolution sponsored by the US, UK and Sri Lanka called for investigations of war crimes committed by both the army AND the LTTE. For some reasons the media in Sri Lanka does not emphasize the fact that the LTTE also was implicated in the resolution

      2) you asked what about the war crimes committed by the UK.

      The UK signed the Rome Statute. Therefore ICC has direct jurisdiction over UK, in relations to war crimes and crimes against humanity. Accordingly the international criminal court is already investigating the war crimes committed by the UK. I repeat UK is already under investigation by the ICC.

      https://theintercept.com/2016/07/08/international-criminal-court-investigates-human-rights-abuses-by-british-forces-in-iraq/

    • 6
      4

      Amarasiri:

      “Question: What about the War crimes by LTTE?”

      Don’t be such a dull/dumb donkey. Haven’t you read the UNHRC commissioned report and the UNHRC last resolution on SL? LTTE too has been implicated for alleged war crimes. I wonder how to educate donkeys like you.

      “(Are we going to forget about the War Crimes by the US, England and other in Iraq, Syria and Libya, and Afganistan?)”

      Aren’t you implying the admission of SL war crimes by this? Although this article deals with alleged war crimes in SL and stupid donkeys like get distracted and lose their way, is there anyone stopping you to be the saviour in championing the war crimes committed in those countries. Don’t worry, there are no white vans in those countries.

      • 3
        2

        Appreciate your concern and willingness to educate us the dumb/donkeys.
        Could you kindly educate us as to whether this so called international court would investigate ALL those involved in war crimes and HR violations.
        By ALL I mean all those who funded,supplied weapons,material and other resources including international political support.

        • 4
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          NAK

          You raised an important issue which is often overlooked in Sri Lanka.

          The international criminal court (ICC) is governed by the Rome Statute. Countries can voluntarily sign the Statute. Some countries signed the Statute, such as UK. And some countries didn’t sign, such as US and Sri Lanka. Therefore, ICC is investigating alleged war crimes committed by the UK, but not the ones by the US and Sri Lanka.

          https://theintercept.com/2016/07/08/international-criminal-court-investigates-human-rights-abuses-by-british-forces-in-iraq/

          The ICC has no jurisdiction to investigate countries who didn’t voluntarily sign the stature. Only exception to this is that the country was referred to the ICC by the UN Security Council. US and Sri Lanka were never referred to ICC by the Security Council. Even though many attempts were made at the Security Councl, due to veto power by US, China, and Russia, the resolution was unsuccessful. Resolution in Sri lanka was sponsored at the Human Rights Council, which is a different entity and does not have a veto power for any countries. Human Rights Council does not have the power to refer to the ICC (But few legal expert dispute this)

          So to answer your question would ICC investigate ALL the countries, the answer is NO. The concerned countries must have already signed the Stature, or signed the signed it after the crimes were committed or the Security Council should make a referral.

        • 2
          0

          Most assuredly! Give that responsibility of defining the scope of the investigation to an independent and neutral third party. Neither the Tamils, Diaspora or the so called LTTE-interests are defining the scope. Nor should the Government, if the investigation is to be fair and objective.

          Why would you think that the independent body would overlook any possible misdeeds by either side to the conflict?

          Remember the investigation efforts of the neutral team of “Eminent people”, led by Judge Bagwhathi – do you recall who Bagwathi blamed for obstructing the investigations, as he pre-maturely called the investigations off for lack of genuine cooperation to find the truth?

        • 1
          1

          NAK:

          When you want to learn, listen first, open your eyes wide, and keep you big mouth shut. My point is: Every single foreign report has implicated the LTTE (and the SL regime) on alleged war crimes. Even CT has highlighted this fact many, many times. And then when one pops the question “What about the War crimes by LTTE?” that is plain stupidity.

          Surely you are not one of them, are you? But after reading what you have written subsequently, ah, I really give up. Well, if SL today has bitter fools like you on issues of funding, weapons, etc, etc, etc it looks like it shot itself in the foot by not managing the country well. What was SWRD thinking when he banged on with the “Sinhala Only Act” just simply for political expediency. Did he think about the future of SL or his own political future? And who were the fools who supported him? In short SL dug its own grave and has continued to dig deeper graves without any sight of slowing down.

          There is one solution though. Withdraw as a member from the UN/UNHRC. It did not sign the Rome Statute and cannot be dragged to the ICC.

  • 11
    3

    Congratulations Barry Hussain invited MaruSira to the G7- where does FDI come from?? korea japan??

    Baby don’t know. white house is full of scattered toys.

    Seems the Genie Beans is still in his trunks preparing for holiday??

    Donald Trump & Mike Pence coming soon this november.merry x’mas ey ho.

  • 5
    1

    Mangala has said he nowhere agreed with anybody for Foreign Judges and Lawyers. They know Kerry is going out. Now the news coming out America is Trump will be the next President. Magala kept lying openly all these time for this opportunity. Now he is denying the resolution of UNHRC. When the American News Media said Trump is leading, he brought enough courage to come out and took a “U” and denying of any agreement of Eternal Jurist. This is for the National government was formed only with two year agreement. State Secretary Kerry will take a long time to know what has happened.

  • 7
    1

    Did they observe a minute of silence for those 40,000 civilians who perished wit Mr Pirahapran ?…

  • 5
    2

    Is the US Embassy running the Yahapalana Government now with Opposition Leader Sambandan ?.

    Because Prez Bodhi Sra is in England watching his second girl receiving he Law Degree from London.

    PM Batalanda Ranil is having Conferences , Seminars and One to One discussions with LTTE Diaspora heavy hitters, Suren Surendra and also Swiss group perhaps. all arranged by Batalanada’s mate Singapore Mahendran who went back as soon as Bodhi Sira gave him the flick.

  • 6
    2

    There was no international probe on what the West had done in Vietnam, Cambodia, Afghanistan or Iraq. Why Sri Lanka’s civil war has to be investigated by international judges. Clearly, the West is trying to impose different law for others, in order to dictate its interests in the world. The East must understand one important thing. The West won’t let us to be on top that easily. Beating the West is not walking in a park. We must fight with them tactfully to defeat them. We must defeat the West by exposing its true evil face, and we Asians must work together as the World’s majority to ignore their orders. The Westerners who kill in millions and invaded others’ homelands on genocide for resources are preaching democracy, human rights, law and order and good governance, because we allow them to do so.

    • 1
      0

      Laos?

    • 0
      1

      When asked you last why you don’t talk about What Russia (USSR) did in Estonia, Latvia, Hungary, Poland Czechoslovakia, Afghanistan and so forth you never answered. How you have to tell about Georgia, Crimea, East Ukraine, Syria…Is you right eye is blind? Is that why you see things only with your left eye? Could you tell China to get off from the Islands in the international waters? It is not my requests, but the International Permanent People’s’ Tribunal verdict.

      Are you stealing and living for your life? Why are you talking about America Killed so you also wanted kill? Can you show a single line in the CT comments telling you that you should not fight against West for what you want. You keep fighting with the West. For that, why should we have stop trying to bring Lankawe criminals to court?

      In your mind, West has done a big crime. With the same yardstick you are accepting that Lankawe’s crime too. Well that is telling Lankawe has to be taken to court.

    • 4
      1

      You asked why Sri Lanka’s civil war has to be investigated by the international judges. The answer is Sri Lanka sponsored a resolution calling for international judges in the investigation. I can’t make it any simpler than that.

    • 3
      1

      Cambodian war crimes are investigated by foreign judges. One of the judge is a friend of mine from New Zealand.

      UK is already being investigated by the international criminal court for war crimes.

      Where do you buy your news papers ?

    • 0
      0

      Antany:

      Don’t be such a crying baby. Or are you that plain stupid? You should ask the SL Govt why it co-sponsored the last UNHRC resolution? You are barking at the wrong tree mite. When you talk about “the East” and the “we Asians” naivety appears to be your staple food. Anyway, you must be the “One” to talk to India & Pakistan not to shoot at each other, unless your small mind tells you that they are not Asian. Funny though, you seem to ask, if they can do it, why not SL? SL does not need enemies from afar and outside. You are a shining example of a Don Quixote.

  • 2
    3

    When did we get justice from the state !! To get now !! The state is safe guarding the criminals !! There are many soldiers sent back from un peace keeping mission for allegedly raping children and women !! What happened to them !! The state never tried them in the court !! Only removed them from duty or asked them to resign/retire !! Safeguarding criminals too is a crime !!The state is safeguarding the criminals since long !! The state did nothing when parliamentarians attacked in 1956 when they were attack and striped to their under wear in galle face green !! Some of them thrown in the lake !! The same the state did when Tamil civilians were attack by Sinhalese mobs in 1958 ,1977,1983 !! The state did nothing to stop the police officers who killed people by cutting the electrical cable during world Tamil language conference in 1974 !! The state did nothing to bring Justice to the people / politician / who burned down the public library of Jaffna in 1981 !! Even the prison not safe many got killed in side by their mates or the guards in 1983 !! No one booked for those crimes !!

  • 3
    2

    What the so called “officials” of the US Government wants is setting up a special tribunal and the appointment of International Judges to it. Well, I am sure those officials are better informed of the Constitutional position and the amendment will require a referndum. That would lead to a situation worse than 1983 July. Do they want another pogrom when we should strive national unity, amity among all irrespective of ethinicity and religion, in the interest of all the people? So do these officials are now tired Sirisena-Wickramasinghe Government and they want Jarapassa back in the saddle? We are clear in our minds that during the Jarapassa rule all the dirty tricks there can be was done. A lot of us voted that regime out nearly one and a half years ago and we don’t want that back. Altough these White officials are good at pontificating there corruption can be much worse than ours. Wasn’t a US couple who worked as diplomats here arrested abd packed off to US for trial? What is the guarantee that Jarapassa has not passed some of his crooked earnings to some of these white officials to bring him back to power? I smell a rat in this whole episode. I don’t want to be personal but the impression that I get looking at some of these faces are that they are quite good in feathering their own nests.

  • 9
    3

    Let us first start with US and UK .. start probing into war crimes in Afghanistan and Iraq,

    Let’s put George Bush and his poodle Tony Blair on trial first . Until then they dare not set conditions on Sri Lanka.

    We can take care of our own affairs .

    If we need to reconcile sincerely ,then we need to sort out own problems within us ,we are kin and family of our our mother land.

  • 3
    1

    Either external investigation or at least internal one with international participation.We have to wait for the proper investigation with international participation but it might take many years or it may never happen but we should not close the case by attending internal investigation. Srilanka can colonise North to make it a Singhalese only country but it is like the parrot waited for cotton fruit. You can’t patch up a leaking dam, when you patch one corner it will leak at another end – you need a redesign. Patching is 3rd world remedy and redesign is western remedy. Donkey should not do dog’s work. Any government’s main task is job creation, we create robbers, drug dealers and fighters, good attitude.

  • 6
    2

    Uncle Sam! Firstly,please appoint an international courts to investigate crimes against humanity in Vietnam, Cambodia, Iraq, Afghanistan, Syria, Palestine etc etc. with foriein judges.Once those investigations are over then come to Sri Lanka. Don’t preach good governance, yahapaalanaya and be a hypcrat at the same time!

  • 2
    0

    US vs Srilanka

    In the blue corner we have the US.In the red corner we have the srilanka.US blue and srilanka red.

    gentlemen,this the fight of the century.In the blue corner a hulking giant and in the red corner a ferocious and nimble sinhala bhuddhist lion.Who will win?We are just about to find out.Round 1.

    https://www.youtube.com/watch?v=dZHa9VffmO8

  • 2
    1

    Antany Peter,
    If some one give you money, weapons, intelligence etc. they will impose some conditions before hand and check how you are utilising them. At the end they will send bailiff. Nothing is free in this world and srilanka is not that superior for expect everything free. I know we used to live with free handouts but non of them are actually free – every one will expect something or more in return. We stupid people think that others are giving them free – free weapons are not actually free, testing them on your land. Grow up mate. Finally you can’t ask question from the donors about the quality. Crow should not try to go above eagle, it will end up in disaster.

  • 2
    0

    The Rajapakses are weaving a very BIG conspiracy against the Yahapalanaya government which is blatantly to be seen but being ignored by the very people who would be at the butt end of it when the cards start crumbling down.

    The USA to start nudging us to accommodate International Judges on any “War Crimes” probe is what interested parties are pushing the government into and one that would not be digested well with the majority.

    Those interested in bringing the government to the brink are the very ones who created the infamous “Elephant Judge” case. This case is not what it seems on face value.

    It showed how corrupt our Judiciary is. A Magistrate, especially one sitting on the bench in the Capital City is called to provide a statement to the inquiring authorities which he fails to do, on many occasions giving flimsy excuses.

    The authorities go to court and the presiding Judge orders that the concerned Magistrate provide a statement and also orders that he be produced in Court.

    The concerned Magistrate absconds and surrenders to a court where his bosom pal presides, that too walking into the Courthouse with his pal who is the Magistrate through the Judges chamber.

    Without batting an eyelid the pal gives the accused Magistrate bail even though the offense is not bailable under the penal code of this country.

    The add insult to injury to our Judicial system the pal gives “One day CREDIT” to the accused to post his bail, which is done the next day.

    The aggrieved party in this case the Attorney General of our country goes to a higher Court to get the bail revoked and to remand the suspect rogue Magistrate.

    The higher court too sets bail, though it is not a bailable offense giving the highly questionable reason that the Elephant rogue Magistrate had cooperated with the investigators and for good behaviour in providing the necessary environment for a free and fair investigation.

    This incident alone is enough for the International community to deduce how “FREE AND FAIR” our Judiciary is. They have not far to look, and that is we are stupid and naive to think that the International community are DEAF & BLIND & DUMB.

    The only way for the President and government to get away from the problem would be to stop the rhetoric and either accept the inclusion of International Judges in a “War Crimes” tribunal or go for a Referendum and ask the people the important question.

    DO WE NEED INTERNATIONAL JUDGES TO SIT WITH OUR JUDGES FOR A FREE AND FAIR CONCLUSION TO THIS THORNY ISSUE.

    Let the people decide, and whatever the outcome is the International community and everyone else for or against has to fall in line.

    The United Kingdom has got out of such a situation recently, then why NOT US. We can also show the world that the decision was on lines of Democratic values which is what the whole world wants.

  • 0
    0

    Those who visited the American warship Knows—–?

  • 2
    2

    Do not worry. There are foreign judges and there are foreign ‘judges’. The US only wants justice to appear to have been done. It does not want riots or civil war or the return of the Rajapakses. All will be well.

  • 3
    1

    Why is all this fuss? Nisha Biswal came here to learn to
    make polos ambul thiyal from cook Pablis. She made it
    official since this is her last trip. It is also the last
    trip for Malign O’whisky. Presidential elections are coming
    in November and they will be out of jobs when Donald Trump
    wins. Never trust anyone who works for the State Department.
    The other Americans are very good people.

  • 1
    1

    According to MR, GR and even SF have repeatedly stated that there were no war crimes have happened in Sri Lanka. If so, why not have an independent inquiry with international judges, as Sri Lankan judiciary is corrupt and just not capable of doing this.

  • 1
    0

    Michael Roberts will now be busy trying to ascertain whether Tom Malinowski has any Jewish blood!

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