Same Law, Same Crimes With Rajapaksas Hung On An Indo-China Rope
By Kusal Perera
There is little doubt the war crimes issue would have any impact on this parliamentary election. The April 8 election has nothing serious on its platforms. It’s all about athletes, film stars, cricketers, journalists and also lumpens, and more about these “wonderful” personalities.
What is nevertheless important is how the Rajapaksas would avoid facing war crimes investigations. This leads to the question whether General Fonseka would play a role in complicating the situation. The issue of war crimes and crimes against humanity is up again with UN Secretary General (SG) Ban Ki-moon deciding to appoint a panel of experts to advise him on Sri Lanka.
“I made clear to President Rajapaksa that I intend to move forward on a group of experts which will advise me on setting the broad parameters and standards on the way ahead on establishing accountability concerning Sri Lanka,” Ban Ki-moon told the media in New York. He qualified his reference on Sri Lanka by saying, “I had a frank and honest exchange of views with the President.”
Ban Ki-moon
That accountability Ban Ki-moon talked of, concerns possible breaches of international humanitarian law or abuses of human rights carried out during the final phase of the war against the LTTE. The worst affected in this war were women and children. A sneaked camera by British Channel Four into the wired IDP camps in Vavuniya in August 2009 that then held over 250,000 displaced Tamil people, revealed the agony and humiliation young girls and women underwent with interrogating male security persons. Channel Four again topped that story with the now controversially famous video clip they aired which claims, stripped and unarmed youth were shot to death at close range. Certified as authentic footage by three international experts, the case against Sri Lanka on war crimes gained a new impetus.
What Ban Ki-moon politely wraps up as “accountability” is all about those war crimes touted once more in international human rights circles and by the UN High Commissioner for Human Rights, Ms. Navenetham Pillai. Yet the SG is considered as lacking “a moral voice and authority.”
“Another example of weak handling from the Secretary-General’s side is the war in Sri Lanka. The Secretary-General was a powerless observer to civilians in their thousands losing their lives and being driven from their homes……..the Secretary-General’s moral voice and authority have been absent,” says a Norwegian diplomatic report in 2009 August, stamped “highly confidential” by the Norwegian Foreign Ministry, but “leaked” to a leading Norwegian news paper, the Aftenposten.
Written by Norwegian deputy ambassador to the UN, a senior career diplomat Ms. Mona Juul, the highly confidential but damning report notes with a dry tone, “at a time when solutions by the UN and multilateral agencies are more necessary than ever to resolve global conflicts, Ban and the UN are conspicuous in their absence.”
It was obvious therefore the Sri Lankan government and the President would reject the SG’s decision on Sri Lanka and its accountability. President Rajapaksa was reported as having told Ban Ki-moon that the SL position on the proposed advisory panel would be sent in writing. Now it is said, by no other than the SG himself that the proposed advisory panel will only be appointed after Under Secretary General of Political Affairs Lyn Pascoe makes an early visit to Colombo, a visit he was expected to make in February, but never did.
The UN and its SG are an important factor in taking Sri Lanka to the International Criminal Court (ICC) as Sri Lanka is not a state party to the Rome Statute of the International Criminal Court. In fact, none of the SAARC member countries except Afghanistan have signed the Rome Statute that has 110 state parties. The ICC can only initiate proceedings against citizens of state parties that have signed the ‘Rome Statute.’ Therefore the Sri Lankan case has to be referred to the Hague based ICC by the UN Security Council.
The Indian “People’s Union for Civil Liberties” (PUCL) argued this position in its appeal (http://www.pucl.org/Topics/International/2009/lanka_crisis.html ) in early May, 2009 addressed to all members of the Security Council (SC) requesting the SC to refer Sri Lanka to the ICC for war crimes and crimes against humanity.
It is often said and the French diplomat at the UN, Gerard Araud had gone on record telling “Inner City Press” that the UN and the SG have been slow in taking up Sri Lankan issues due to pressure from member countries. First is India and then China.
The Indo – China rope could be strong enough for President Rajapaksa to hold tight in the UN. But the issue of war crimes and crimes against humanity does not stop with UN and other international lobbying. The Rajapaksa regime has created its own “devil” at home by targeting their former Army Commander turned common opposition presidential candidate against Rajapaksa. The two have gone beyond any possibility of compromise with General Fonseka now detained and investigated upon, for breach of army law and possible indictment on other issues in a civil court.
This egoistic conflict may not end the way the Rajapaksa regime would want it to end, if on April 8, a sizeable number of Colombo voters decide to elect Fonseka to parliament. While his image as a war hero and as a man with integrity had been badly chewed up with regular news reports to the contrary, he still has a sympathy vote that may elect him to parliament. That would not be something the Rajapaksas would be able to handle to their advantage with media campaigns.
If elected, his bitter animosity frothing in continued detention, may prompt him to use parliamentary privileges to make statements against his former friends adding more fuel to international lobbying. His statements on war related crimes if made in parliament, would not be retractable as those made to the media. What then would this government do as damage control?
Accusations and counter accusations for sure would provide more ammo for international lobbying against Sri Lanka. But what purpose, what satisfaction would it be for all those innocent Tamil people, who lost all things dear to them in their hard earned life? To at least those 300,000 Tamil civilians who were herded into barbed wire camps, without basic facilities and with no privacy and safety? For how long would they have to wait for any justice to be meted out, as the world calls for war crimes investigations?
Decades after the Second World War, Nuremberg Trials perhaps only satisfied the hardcore in the Jewish political establishment and not survivors and relations of those who went through the holocaust. Nuremberg Trials could not even teach other political leaders in other parts of the world a lesson to treat their own people with dignity and honour.
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- Indo-Sri Lankan Couple Attacked In Australia A Sri Lankan man and his Indian wife have been attacked in Melbourne, the latest in the series of hate crimes committed against especially Indians...
Short URL: http://www.thesundayleader.lk/?p=9241
Posted by 
Kusal Perera.. What have you been smoking????
Kusal Perera is on the right track and he is very clear.
I feel sorry for you DK!
You are a no brainer. These matters does not concern you.
Dear All
Perpertrators of war crimes whether they be Americans, British, Europeans, Asians or Sri Lankans may get away from the clutches of the ICC but they will one day be answserable to the God Almighty. Every perpertrator of any crime, treason or otherwise will not be spared. Therefore even at this late stage please try to rectify your mistakes before it is really too late.
your statement is one thousand pesent Truth. but ignorent people don’t understand the truth.
Do you think these guys believe in god or any other religion. They think and act believing that they are more powerful than god. Any way they are answarable to what they have done.
Hello Humbug! You are firing from all cylinders but you are way off the mark. SriLanka has never vilolated human rights we just destroyed the terrorists lock stock and barrell, get it? Now go and wash the dishes otherwise your wife will pull you by the ear.
Hello Truth, Wake up from your denial state and face the reality. People like you are living in cloud cukoo land.
People like you are living in cloud cuckoo land?
Truth,
you’re full of lies.
Hello humbug. Are you aware that U S A is the biggest violator of human righrs?
Think about the millions killed in Iraq and Afghanistan. They were innocent civillians, but to U S A it was collatoral damage. Tigers here killed thousands of innocent mothers fathers and children in their own country. It was a terrorist organisation. Remember? Perhaps you have for gotten. Or is it selective memory?
Hello Cicil Tigers have no Country that is why they make war. if you are worried about those Fathers, Mothers, Children and the Terrorist who death, please give arms (DAANAYA) to those who death. your selective memory will be fine.
Remember the government created the Tamil tigers who are freedom fighters. If only the government had given rights to all its citizens there would not have been bloodbath on the island.
The LTTE was given virtual self Government through the Cease Fire Agreement. Instead of bringing peace and happiness to Tamils, LTTE armed itself to teeth and launched a war – for an all out orgy of killing and get killed.
The International monitors of CFA looked the other way. Who were behind the selection of many of its members – Tamil Diaspora I believe.
This failure of CFA monitoring mission should be investigated first.!!!
The established and respected western media display unparalleled patriotism and loyalty when it comes to matters of war, and would not entertain calls for war crimes investigations that points to nations they serve. I suggest that the Sunday Leader also follow suit, even if temporarily, to save the UNP from becoming the meat in the unpalatable sandwich.
I recommend that the Sunday Leader as soon as possible publish an article exposing the west’s hypocrisy when it comes to war crimes. I further suggest that the UNP makes a statement to the effect that “the UNP unequivocally rejects the demands by some western nations to conduct war crimes investigations against the heroic Sri Lankan Army – as this demand is breathtakingly hypocritical”.
When US and Isreal use internationally prohibited arms and weapons against innocent palastenians, this bloody MOON was silent and he was no where. Now why the hell is peeping into this matter. For the countries who have financially built or who have other country’s supports, he has a different face and for the third world country’s like SL he has another face. We should protect against him and send him back home.
Hello MOON, just shut your mouth up go back and do your routine duty. Just hold the tail of Obama and Isreali PM and go back home. How can you peep into this matter? First prepare report against Isreal and USA, then come here
Moon should take action. Why are you all so coward to allow the investigators in. Your government claims that not one civilian died in the war. Let the independent investigators prove it. Until then the world going to view Sri Lanka as a COWARD country.
Why are you all so coward not allowing the investigators in?
Because they are nominated by friends of the Tamil Diaspora – Milliband et al
Asoka, investigations will be carried out by international community not Milliband et al. Tamil diaspora have the right to get involved because they lost alot of families in the war. Would’,nt you like to have a investigation if you have lost your family?
Karasi, to select a panel, Ban Ki will turn to Milliband, Solheim, Blake et al, to get nominations. Why? because, Ban Ki wants their good will to get a second term as UNSG.
Milliband et al, have been peddling the Tamil Diaspora line; they are sure to ask the Diaspora for advice on the panel members. Why ?because they would be promised few votes and funds donations at their elections.
That’s exactly how the western democracy works behind the scene. So, why shoud SL subject itself to an investigation effectively by Tamil Diaspora? Even a “gamme godaya” smells this.
Hay Hero!
you’re behaving like a chicken. If you have nothing to hide, why are so many lankan journalists been killed in lanka, and many have left the coutry.
Tell MR to allow freedom of speach for you to know the truth.
well said everyone, moon is nothing, other than, a puppet, he has no profile, has no power,just a figure,until now he has achieved nothing in the Global political crisis
Nice to see all sort of comments but still we don’t learn anything! As a Srilankan most of us want peaceful life in this beautiful island. Some of the nationalist were positioning us to lead this point. They won their goals but not innocent people who lost their life, lively hood, peace and harmony among the society and so on
We all blame each other for everything! And destroy our country in all. Now we try to let other countries play their own game on us. We need to wake up other wise our land not divide into two!! We can have one land with name Sri Lanka but all own by agents (with different name). We need our country back and we all haply live together!
Investigations needed for justice especially for families who have lost loved ones both civilians and soldiers. Everybody must know the truth so that both tamils and sinhalese can learn from mistakes and move on and also to reduce their anger.
Those who never learn the lessons of history tend to repeat the old horrors of war immaterial of where they occur. It’s a good article and a call to conscience in the 21st century! The cartoon is even more apocryphal but why is Moon suddenly on fire? Is it because his first term is supposed to be up for review? He has a case to answer.
However much may sound, eventually those responsible for torture, rape & killings will answer to higher authority. They will reap for their actions.
Kusal Perera, Thank you for writing this article and highlighting the issues.
Now all the evidences for the war crimes are black and white, new generation of Tamil diasporas is on the march knocking UN, USA, UK, France…, demanding to take action against Sri Lanka, UN has no choice, Panicking MR and Sarath Fonska tangled, SF ended up in jail, MR is on the way to become DICTATOR in order to hide from the world…sad ending. God bless us,
Well said Lalith we are heading for the Dictatorship. All the fools who wont learn lessons from the past will have to put up with the hardship and messary for the rest of their lives.
Like Hitler and his henchmen Rajapakse brothers are of the believe that if they barred the world independent media from witnessing or videoing the horrific scenes of staving children, maimed civilians and raping women near the barbed wire camps or the highly secret detention centers they can escape accountability or probing of the alleged war crimes and rights violations committed by their mono-ethnic armed forces. Even if China, India and Russia compete among themselves for geopolitical influence in the region to protect Sri Lanka the culprits will made to stand in the dock at the International Criminal Court.
When things gets too hot the friends will leave Sri Lanka one by one Mahinda will be left alone like Castor with out any good friends to help. Do we want this to happen or Can’t we burry our Sihalese pride and reconcile with the rest of communities and religeions and live a happy and peacefull life in our country?
The International Community should be equally concerned with the aftermath of LTTE’s crimes against humanity. I suggest this is partly because our independent English Language media was negligent. The IC needs a balanced view, and with a balanced view, practical solutions will result. Let me first broaden the view.
In your article, why haven’t you shed a tear for the Muslim IDPs who have been languishing in Puttalam since 1990? They were expelled by the LTTE in a massive ruthless ethnic cleansing operation, having robbed of everything they possessed.
As for the barbed wire, lack of sanitation etc., I have seen the treatment of IDPs far worse. Hardly anybody noticed; they were Sinhala who escaped the brutal ethnic cleansing of villages by LTTE from 1984 through to 1999; there were Sinhala villagers hacked to death using crude weapons (mothers’ wombs cut open was their speciality).
I visited Anuradhapura in 1985 with my young family (Sinhala people in Colombo advised me not to go); and what we saw was so horrific and hopeless. Along the ceremonial way between Tisawewa and Ruwanveliseya/ Siri Maha Bodhi, there were people living under pieces of cloth hung from broken-off tree branches and wailing in agony of pain of their injuries.
There were no NGOs, IC, not even a presence of the Sri Lankan government that I noticed. These IDPs did not have food, nor had access to clean water much less sanitation. Of course, there was no barbed wire!! So everything was ok, wasn’t it Kusal.
There was something promising I noticed in Colombo at that time –something that gave hope and may have encouraged Ranil to push through the ill fated Cease Fire Agreement in 2002. That was the genuine repentance of Sinhala people, almost unanimously, of the atrocities committed by Sinhala in 1983 against peaceful Tamils who were living among them (Colombo, Galle, Kandy etc.,). They were hoping that the Tamils who fled would soon return.
Of course we must not forget the recent wounds just as we forgot the old ones. I suggest that the IC take the option of healing rather than punishment. Let’s start with a pressing issue. Given the history the resettlement of all IDPs (Tamil, Muslim and Sinhala) into their rightful places is both challenging in terms of resources and fraught with danger of renewed conflict.
A way forward is to establish a “Truth Commission” to grieve the losses yet accept co-existence of different ethnic groups in that resettlement process. Such a “Truth Commission” should later proceed to address the ‘hurts’ of the most recent conflict. Whilst I agree to the account of losses suffered by the Tamil people, the healing process should not ignore the losses and grief suffered by the SL soldiers / their families due to the recent war that was LTTE’s creation.
Asoka, War would not have occured if the sri lankan government gave equal rights to its citizens. It does not matter what race or colour you belong to. Look at people for their ability and character. The Tamil people were deprived of jobs, Tamils must have higher grades compared to the Sinhalese to enter university. As a result, the tamils felt very frustrated and formed the tamil tiger organisation, which the sri lankan governments should be blamed for the policies they implemented. Instead of wasting money on arms and soldiers, the government should have educated this young people and the country would have prospered as the tamil people are hard working What a disgrace the government created bloodbath on the island destroying tthe beauty..
Karasi, there is a lot of truth in what you say. In sociology, every action has a reaction, but usually disproportionate (not equal and opposite as Newton would say). When I was in the university, in late 1960′s, the proportion of Sinhala and Tamil students in highly contested streams (medicine, engineering, sciences etc) was approximately 50%-50%; this of course did not reflect the demographic reality.
Later, as an AL examiner in the science stream, I saw firsthand how this sort of bias was engineered. I recall the instructions of the chairman of the board of examiners, a Tamil Professor. He instructed examiners to give zero if the student did not answer a relatively easy question, in a very specific way. That is, zero for one out of six questions answered; giving zero chance of entering medicine or engineering streams.
Intelligence I received later proved that the students in ‘elite’ colleges in Colombo and Jaffna practiced answering that question in that specific way (of course, students practice many questions before AL exams). So, the Sinhala “gamme godayas” were neatly excluded from competition.
At that time, there were a several such examples. That led to the disproportionate responses you outlined. As you correctly say, that cycle of actions and reactions has continued bringing total disaster to Sri Lanka.
There is a way forward: “Truth and Reconciliation” Commissions and devolution of power over domestic affairs within a unitary State of Sri Lanka, are some things the community at large may agree.
I advocate against calls for war crimes investigations, which only satisfy western hypocrites and Tamil Diaspora’s operations at a distance. I also advocate against, Sri Lanka – Eeelam dual state solution, an ungovernable mess that will only bring never ending conflict all along a crazy border, both land and maritime. Both these conflict-ridden concepts are suitable to the West’s cold war like posture against the Chinese presence, as they aim to destabilise Sri Lanka forever.
Dear Mr Perera
I wish to congratulate you on an excellent piece of journalism. I have met many tamils from Lanka, who feel they do not belong to SL. Most news articles from SL confirm this anti Tamil view of SL. I hope there are more Sinhalas like you who are willing to stand up for the rights of all people on the the Island, are willing to take on the establishment and their racist /undemocratic thugs.
I wish we had journalists of your calibre, only the Indian Express can stand up to you.
don’t take this seriously. guy is just babbling. lol.
maybe we should kill the rest of the tamils too. these people are getting too annoying.
wow. are you trying to be a hero or what. well then i forgot this news paper and it’s goons are anti-rajapaksa.
atleast be greatfull you and your family live peacefully thanks to mahinda.
ungreatful scum will be sent to hell by the god on judement day.