Why another investigation : If OHCHR claims Sri Lanka has committed war crimes present report to General Assembly/UN Security Council
Posted on September 18th, 2015

Shenali D Waduge 

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

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

  1. Fran Diaz Says:

    Shenali, many thanks for this article.

    ———–

    Why indeed the ‘need’ for a third investigation ?
    We think this ‘need’ has arisen because Lanka GoSL has not yet coughed up the right agreement/s with foreign powers ? A third investigation with trumped up witnesses is to nudge matters in the ‘right’ direction ?

    Watch film “Lawrence of Arabia” with Peter O’Toole as T.E. Lawrence and learn some Colonial tricks ! Though he had divided loyalties, Lawrence saw the Arabs burning the crude oil as fuel for light – the rest is history.

  2. vyasan Says:

    First of all, Sri Lanka should not cave-in to any of the conditions put to by the UNHRC/OHCHR relating to the investigation of the alleged war crimes or violation of human rights, as no other country.or countries has the mandate to impose their authority on any independent country. And, as for the UNHRC/OHCHR, they function not as unbiased world body, but as puppets of some powerful countries, especially the western powers. As such, whatever they do would be in the interests of those powers, as these institutions are functioning on the funds received from them. Employees usually work for their pay irrespective of whatever the interests their paymasters have.

    Secondly, the Western powers have waged war invading independent countries thousands of miles away from them on false accusation of being supporters of terrorist organizations and saying they were threats to their own security causing enormous destruction of hundreds of thousands of lives, poverty, etc. The so called human rights violation and crimes get totally ignored in their case. But if small nations like Sri Lanka went on war in their own country to eradicate terrorism and to bring normalcy of life for the betterment of the people, these powers make a big hue and cry about war crimes and violations of human rights. Every one knows, including the very nations who are members of the so-called guardian world organizations, that the real reason behind the OHCHR is to threaten/or punish those who were not following their orders, and not for upholding the human rights and democracy around the world.

    No one would accept knowingly to have a thief to be a judge on theft charge, or a murderer to judge on another murder charge. Any interference by the western powers on the pretext of human rights violation and war-crimes would be just the same. India too, cannot be accepted as mediator or an investigator, as it was India that trained militants on their soil to prevent Sri Lanka, ironically, from getting closer to the U.S. in those early days of Tamil militancy. No terrorist organization gets strength on their own in any country in the world without a direct or tacit support of another country which would be usually a world power or a regional power and they (such powers) never provide assistance to any organization unless it would be for their own interests.

    Finally, had the war in Sri Lanka continued unabated up to now (some six years past the end of war) the number of deaths, that would include the young men and women involved in fighting from both sides along with the possible civilian casualties among all the communities, would have become much more than to have been stated in the originalreport ( 8,000?) plus the destruction of other livelihoods, making the country condition unlivable by any standards.

    I, as a Sri Lankan Tamil, have to mention this too, that had the war continued unabated for the six years after May 2009, another 10% Tamils of the remaining Tamil population of Sri Lanka would have found their way to foreign countries as refugees, and 10 % of young men and women would have perished as cannon fodder used by the LTTE, leaving just over 5 % of Tamils (North-east) making them the 3rd minority after the Muslim population. Therefore the Tamils should be ever grateful to Mahinda Rajapakse for finishing the war at any cost, as the end result is actually saved the Tamils in Sri Lanka from being decimated little by little.

  3. Charles Says:

    But this Sirisena Ranil government will do anything to please the white masters. This is Ranil’s second destructive missile against Sri Lanka after the CFA. What is to come later on will finally see the end of the unitary state of Sri Lanka and a Tamil Eelam in North and a Muslim Kalikist

  4. Charles Says:

    But this Sirisena Ranil government will do anything to please the white masters. This is Ranil’s second destructive missile against Sri Lanka after the CFA. What is to come later on will finally see the end of the unitary state of Sri Lanka and a Tamil Eelam in North and a Muslim Kalikistan in the East

  5. nilwala Says:

    Listen to Dr. Dayan Jayetilleke’s reasoning in a discussion with Michael Gregson as to why the OHCHR Report should be rejected:
    https://w.soundcloud.com/player/?url=https%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F224452467&amp%3Bauto_play=true&amp%3Bhide_related=false&amp%3Bshow_comments=true&amp%3Bshow_user=true&amp%3Bshow_reposts=false&amp%3Bvisual=true

  6. Fran Diaz Says:

    Charles,

    Ranil called Lanka a future ‘unity’ state, when he was in India a few days ago.

    ————-

    We want a UNITARY state, not a ‘unity’ or ‘united’ state. With One Voice, true Lankans must say “UNITARY” state !

  7. crobe Says:

    If there was any evidence of war crimes, Sri Lanka would have already been convicted 6 years ago.

    Where are the 40,000 dead bodies? SL is not that sophisticated to get rid of 40,000 dead bodies in a hurry.
    Where are the mass graves?
    Why not release the original UN report of 2009 which gave the number of dead at approximately 7800? Why hide it?
    Who are these “witnesses” that are protected for 20 years? Its funny that all these “witnesses” are living in foreign countries.
    What about the 300,000 that was saved from the terrorists?
    Where are the torture chambers?
    Who is going to prosecute India for perpetrating terror on Sri Lankan people?

    No need for any more investigations.

    RELEASE THE CHILCOTT REPORT.

  8. Lorenzo Says:

    GOTA has expressed regret over COMPLETELY FINISHING the war.

    “http://lankacnews.com/sinhala/main-news/135852/”

    I AGREE.

    1. We should have kept a MANAGEABLE UNIT of terrorists to be used against PEACEFUL TRAITORS.

    Just imagine what would happen had LTTE NOT finished off Amirthalingam, Uma Maheswaran, Thiruchelvam, Raviraj, GHANDHI, Premathasan, etc.

    AWFUL.

    2. It also gives US a COVER to eliminate SLEEPERS (terrorists hiding behind civilian form).

    3. It can also be used to REDUCE MASSIVE VOTING by kallathonis in the north ensuring MR’s victory ALWAYS.

  9. Lorenzo Says:

    What happened to ANAGARIKA DHARMAPALA will happen to GOTA too. What a country!!

    Disgusting.

    (I have no regret for politicians. GOTA was ALWAYS ABOVE politicians. ABOVE politics. It was GOTA’S WAR. Nobody else’s.)

  10. NAK Says:

    I am sure there won’t be another investigation.Soon (30th?) the US will bring another resolution letting Sri Lanka off the hook, may not be entirely just yet,off the hook nevertheless.
    Then we will be asked to pay for the favour,that’s when the s**t hits the fan.

    Shenali,
    The ICRC was on the ground and an eye witness to everything that took place up untill the very end and beyond too. Why are they not invovolved in any of these investigations? I know why,because they’ll tell the truth and that will be the end of the show. I saw some where the director for Asia of ICRC giving an interview in which he practically rubbishes all these charges but side step claiming that organizational code prevents him from coming forward.
    Can this so called organizal code be allowed to be upheld at cost of the truth? All these so called allegation,if they are true, should have been recorded and published by the ICRC,because they were on the ground and that was their job.
    Monitoring,protection and reporting abuses is their responisibility not just providing first aid.

  11. NAK Says:

    I am sure there won’t be another investigation.Soon (30th?) the US will bring another resolution letting Sri Lanka off the hook, may not be entirely just yet,off the hook nevertheless.
    Then we will be asked to pay for the favour,that’s when the s**t hits the fan.

    Shenali,
    The ICRC was on the ground and an eye witness to everything that took place up untill the very end and beyond too. Why are they not invovolved in any of these investigations? I know why,because they’ll tell the truth and that will be the end of the show. I saw somewhere the director for Asia of ICRC giving an interview in which he practically rubbishes all these charges but side step claiming that organizational code prevents him from coming forward.
    Can this so called organizational code be allowed to be upheld at expense of the truth? All these so called allegation,if they are true, should have been recorded and published by the ICRC,because they were on the ground and that was their job.
    Monitoring,protection and reporting abuses is their responisibility not just providing first aid.

  12. SA Kumar Says:

    We-Tamil can sit & watch Rupavahini now !!!
    show can goes on …..
    The unitary state of Sri Lanka and a Tamil Eelam in North and a Muslim Kalikistan & other for Sinhalese !!!

  13. SA Kumar Says:

    **Muslim Kalikistan in East & other for Sinhalese !!!

  14. Cerberus Says:

    There is lot of material which should be used to defend Sri Lanka against the UNHRC on the web site http://www.terrorinlanka.com. To date no one has defended Sri Lanka against the false CH4 video by Callum McCrae. He took an Ltte video which shows them shooting Sinhala soldiers and dubbed it in Sinhala to make it look as if Sinhala soldiers are killing Ltte. What is the matter with our people in power. Are they completely without spines and brains?

  15. Ratanapala Says:

    The trouble with the Sri Lankan south is that they have left all to the ‘unreliable’ politicians. There are no mass protests from the people in the south calling fro “real transparency in justice” from the UNHCR and UN. Instead they seem to be waiting askance ready to receive “whatever justice” that is being meted out. They have no gratitude for the Ranaviruwoes who gave them another chance in life to live in peace, raise families and prosper. They are so selfish they will sell their mothers to get ahead in life. There is no sense of country, religion nor community with them. It is just unadulterated greed.

    At the other end the Tamils and Muslims and even the Christians are united in their efforts to see that Ranaviruwoes are charged with war crimes for they prevented the break up of Sri Lanka. They spend time and money in an unceasing effort to see that Ranaviruwoes are punished and Sri Lanka is divided.

    There should be mass protests at the way Sri Lanka is being dealt an unfair hand at the UNHCR and UN. Just imagine a Bedouin Camel shagger who call himself a prince is doling out ‘bedouin justice’ to Sri Lanka. On the Sri Lankan side a renowned “poofter” is presenting Sri Lanka’s case at the UNHCR and UN. He is taking all insults that the Bedouin is throwing at him and at Sri Lanka with a smile!

    What a turn of events for Sri Lanka – all within a span of 12 months!

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