Why another investigation : If OHCHR claims Sri Lanka has committed war crimes present report to General Assembly/UN Security Council

Two international probes have been held against Sri Lanka vis a vis the final phase of the conflict. If both international probes with international experts claim that war crimes have been committed by Sri Lanka why is there any need for a third international investigation or a domestic hybrid investigation with international judges? What is this hybrid investigation set up anyway? It is not within the jurisdiction of the OHCHR head appoint such and the GOSL would be foolish to agree. If the OHCHR is so confident of its report and it has sufficient evidence to prove its allegations against Sri Lanka the 2 damning reports (Ban Ki Moon Panel of Expert and the OHCHR investigation) alongside supportive evidence must be officially submitted to the UN General Assembly and/or the UN Security Council for them to determine whether there is substantial evidence to actually proceed to an international war crimes tribunal. This is the procedure to follow and the GOSL are warned not to play politics at this juncture by hurling war heroes before kangaroo courts that are illegal.

In May 2009 Sri Lanka militarily ended the LTTE ground force. It was natural for individuals and groups to be angry that the army brought to a close those that pocketed from the LTTE terror corporation for 30 years. It is the revenge for ruining what individuals and organizations had been thus far enjoying that is the real reasons behind the witch hunt against those that eliminated the LTTE corporation.

With the power that money and politics plays in how terrorism is steered globally it is no surprise that a lot of irregularities have taken place and with those tasked to be unbiased and impartial very much part of the wicked set up it is no surprise Sri Lanka is still struggling to convey the true story.

Some hometruths cannot be ignored

• Sri Lanka’s armed militancy was not homegrown. It was created by India and therefore India should have no role to play in any matter related to the conflict.
• Curiously the UN/INGOs/NGOs or international community never displayed the attention they are presently paying for justice during the last 3 months for justice for LTTE terror throughout the last 30 years

• It is unfair and unjust to only demand justice for victims of the last 3 months totally ignoring the victims of 30 years just as it is unfair to only consider Tamils as the aggrieved party totally ignoring the Sinhalese and the Muslim victims.

• The Ban Ki Moon Panel of Expert is being legally challenged in Sri Lanka as being illegal questioning how a report mandated to personally appraise the UNSG turned out to be the foundation for 3 successive resolutions against Sri Lanka and extensively quoted as the basis for the OHCHR Heads reports/statements.

• OHCHR does not have any mandate to order international investigations upon a UN Member country and that must be done either by the UN General Assembly or the UN Security Council.

• If both OHCHR Head and Ban Ki Moon believe that their internationally appointed panels have sufficient evidence to slap war crimes charges against Sri Lanka’s armed forces and commanding officers and government in charge they must produce their reports and submit them officially alongside all supplementary evidence/witness names etc to the UN General Assembly or the UN Security Council for them to decide the course of action to be taken against Sri Lanka.

• The Ban Ki Moon report was never officially tabled in the UNHRC for Sri Lanka to officially respond to it.

• OHCHR is trying to make a donkey out of the Sri Lankan Government who are triumphant that the West and UN is relieved that they have come into power and they can palm off some of their illegalities by turning them into GOSL approved legislation because the current government seems to care little to defend the nation, the war heroes or demand accountability for LTTE crimes from all those directly and indirectly involved in particular the 16 UNSC 1373 banned LTTE fronts and 400 individuals. The current government is making a historical blunder if they agree to accept a silly notion of a hybrid court held domestically by international judges which is a violation of the UN Charter interfering in the internal affairs of a sovereign nation.

• The argument is very simple. 2 international probes have been held. Both claim war crimes have been committed by Sri Lanka. If we were to accept the OHCHR conclusion and if both have enough of evidence to nail Sri Lanka why would they need to appoint another investigation? Why are they hesitant to present these findings with evidence before the UN General Assembly and/or the UN Security Council. If OHCHR says war crimes have been committed there is no requirement or time and money needed to be wasted on another investigation (domestic or international) officially submit the report with evidence. That OHCHR is pushing for another investigation goes to show that they do not have evidence needed to argue in a court of law. They only have hype and sensationalism which is paid for!

• The suggestion for another investigation by the OHCHR is because if officially filed the Ban Ki Moon report will be exposed as being illegal while the current OHCHR does not have the evidence to prove war crimes charges beyond the media and propaganda hype being paid for.

• On what basis can the UN/OHCHR use a documentary film produced and funded by private parties that is revealing bits and pieces every year claiming to be ‘authentic’ of war crimes without showing everything at once? Is this some game they are playing with people? They cant be getting new evidence every year and if so for how many years is this game to go on?

Lets just take an example of how a real international tribunal will question war crimes:

Allegation : Prabakaran’s son Balachandran killed by Sri Lanka military

Judge:          How can you establish that Prabakaran’s son was killed by the Sri Lankan military?

Counsel :      Because Callum MaCrae said so

                   Because C4 documentary projects so every year

                   Because articles paid by the LTTE fronts say so

                   Because LTTE fronts say so

                   Because foreign politicians connected to LTTE issue statements

                   Because LTTE linked NGOs say so

Judge:         Do you mean to say all these were watching this being shot?

Counsel:       Well, no… but…

Judge:          What do you mean… well no .. but…otherwise how can you say that they are saying he was killed by the Sri Lanka Military?

(no response from the counsel)…

Judge:                   Throw this to the bin. Are you trying to fool around with me?

Case closed! J J J

Now you can understand why OHCHR is patting the backs of our new government for them to agree to a domestic inquiry because their illegalities can be covered and palmed off to the new GOSL. Are they so foolish to fall for this trap just to score brownie points with their political enemies? We know the answer but at the same time we hope that thought does not happen for the sake of our war heroes without whom we would not be living in peace today!

The way forward

* GOSL should recommend OHCHR to submit report and evidence to the UN General Assembly & UN Security Council.

* Sri Lankan Public must raise voice against a third investigation highlighting it as part of the witch hunt and because of lack of evidence after 6 years!

* Sri Lankan Patriots must lobby among the UN Member States raising that 2 investigations have been held and it is because there is no evidence that they are now trying to suggest a third one and demand that the OHCHR reports be submitted to the UN General Assembly without slinging mud by funded propaganda

Shenali D Waduge 

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