{"id":115552,"date":"2021-06-26T17:40:58","date_gmt":"2021-06-27T00:40:58","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=115552"},"modified":"2021-06-26T17:43:16","modified_gmt":"2021-06-27T00:43:16","slug":"if-nicaragua-could-take-us-to-international-court-win-shouldnt-sri-lanka-do-same-to-india","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/06\/26\/if-nicaragua-could-take-us-to-international-court-win-shouldnt-sri-lanka-do-same-to-india\/","title":{"rendered":"If Nicaragua could take US to international court &#038; win \u2013 shouldn\u2019t Sri Lanka do same to India?"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em><strong data-rich-text-format-boundary=\"true\">Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.shenaliwaduge.com\/wp-content\/uploads\/2021\/06\/Screen-Shot-2021-06-25-at-12.06.22-PM.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>In April 1984 Nicaragua referred the US Government to the\nInternational Court of Justice claiming the US violated international law by\nsupporting the Contras. The ICJ ruled in favor of Nicaragua in 1986 &amp;\ndemanded reparations be paid to Nicaragua. The US did not participate in the\ncourt proceedings. The US also blocked enforcement of the judgement &amp; thus\nprevented giving compensation. India\u2019s role and interference in Sri Lanka is\nwell documented and one that demands Sri Lanka should officially put India\u2019s\ninterventions internationally \u2013 seek apology &amp; reparations too.<\/p>\n\n\n\n<p>The\nICJ held that the US was<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>\u2018in breach of its obligations under customary international law\nnot to use force against another State\u2019<\/li><li>not to intervene in its affairs\u201d<\/li><li>not to violate its sovereignty\u201d<\/li><li>not to interrupt peaceful maritime commerce\u201d<\/li><li>in breach of its obligations under Article XiX of the Treaty of\nFriendship, Commerce &amp; Navigation between the Parties signed in 1956.<\/li><\/ul>\n\n\n\n<p>The\nUS intervention in Nicaragua goes back to early 1909s. Background reading on\nthe Contras, Oliver North and various US administrations will reveal much.<\/p>\n\n\n\n<p>The\ncase in point &amp; what Sri Lanka can take note of from the charges filed by\nNicaragua against the US was that the US was recruiting, training, arming,\nequipping, financing, supplying and otherwise encouraging, supporting, aiding\n&amp; directing military and paramilitary actions in and against Nicaragua\u201d \u2013\nwas this not what India was doing to Sri Lanka via Tamil militant groups that\nIndia created. Jain Commission report even gives the locations of where India\ntrained these Sri Lankan Tamil groups.<\/p>\n\n\n\n<p><strong>Nicaragua accuses US of\nviolating international Treaty Obligations:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Article 2(4) of the UN Charter<\/li><li>Article 18 &amp; 20 of the Charter of the Organization of\nAmerican States<\/li><li>Article 8 of the Convention on the Rights &amp; Duties of States<\/li><li>Article 1, 3 of the Convention concerning the Duties &amp; Rights\nof States in the Event of Civil Strife<\/li><li>US breached customary international law by<\/li><li>Violating the sovereignty of Nicaragua \u2013 armed attacks against\nNicaragua by air, land &amp; sea, incursions into Nicaraguan territorial\nwaters, aerial trespass into Nicaraguan airspace, direct &amp; indirect\ncoercions &amp; intimidations<\/li><li>Using force &amp; threat of force against Nicaragua<\/li><li>Intervening in internal affairs of Nicaragua<\/li><li>Infringing the freedom of the high seas &amp; interrupting\npeaceful maritime commerce<\/li><li>Killing, wounding &amp; kidnapping citizens of Nicargua<\/li><\/ul>\n\n\n\n<p>These\nallegations, immediately call to mind how India forced the signing of the\nIndo-Lanka Accord in 1987. A call to the Sri Lankan envoy in Delhi with a\nsubtle threat to not take action, the violation of Sri Lanka\u2019s air with the\ninfamous parippu drop, carrying Prabakaran &amp; family to India by helicopter,\nthe many Sri Lankans raped &amp; killed by Indian Peace Keepers, the violation\nto Sri Lanka\u2019s marine bed using internationally banned bottom trawlers, the\nstealing of Sri Lanka\u2019s fish, the illegal immigrants, the interference in Sri\nLanka\u2019s internal affairs \u2013 the list goes on.<\/p>\n\n\n\n<figure class=\"wp-block-embed-youtube wp-block-embed is-type-video is-provider-youtube wp-embed-aspect-4-3 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"Operation Poomalai re-enactment [ Indian intervention in Sri Lanka&#039;s Civil War in 1987 ]\" width=\"500\" height=\"375\" src=\"https:\/\/www.youtube.com\/embed\/65fYGfZRBvY?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.shenaliwaduge.com\/wp-content\/uploads\/2021\/06\/nf5.jpg\" alt=\"\"\/><\/figure>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.shenaliwaduge.com\/wp-content\/uploads\/2021\/06\/1987-the-fake-surrender-by-ltte-in-jaffna.jpg\" alt=\"\"\/><\/figure>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.shenaliwaduge.com\/wp-content\/uploads\/2021\/06\/Screen-Shot-2020-10-17-at-1.12.01-PM-927x1024-1.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>What\nis noteworthy is that while the US put forward arguments against the judgement\nof the Court, the countries that sided with US did not challenge the Courts\njudgement, its findings or the merit of the case. Undoubtedly, all of India\u2019s\nneighbors will side with Sri Lanka, as these countries have all been victims of\nIndia\u2019s intervention too.<\/p>\n\n\n\n<p>The\njudgement listed 291 points that US was involved in \u2018unlawful use of force\u2019 \u2013\nhow many points can Sri Lanka list of India\u2019s interventions in Sri Lanka\u2019s\ninternal affairs using \u2018unlawful use of force\u2019?<\/p>\n\n\n\n<p>We\ncan recall the upteen times our officials had to virtually fly every week to\nDelhi to brief the Indians of the progress of Sri Lanka\u2019s military\/humanitarian\ncause in 2009.Why did Sri Lanka have to report to India, if we are a sovereign\nnation?<\/p>\n\n\n\n<p>What\nis poignant is that the Court concluded that even though US made its\nobjections, US was subject to the Court\u2019s jurisdiction.<\/p>\n\n\n\n<p>In\nNovember 1986, the UNGA passed a non-binding resolution (94-3 against \u2013 El\nSalvador, Israel &amp; US) urging US to comply with the 27 June 1986 Court\nruling.<\/p>\n\n\n\n<p>Points\nthat the judgement gave against US is relevant to India\u2019s interference &amp;\ninterventions in Sri Lanka (past and present\/ongoing)<\/p>\n\n\n\n<p>The\nCourt rejected US justification of collective self-defense \u2013 this is similar ot\nthe eternal parroting by India justifying interference in Sri Lanka to maintain\nIndia\u2019s security concerns! When by the very assistance to Sri Lankan Armed\ngroups, India has virtually invited and opened its borders for its own\nbalkanization by this act.<\/p>\n\n\n\n<p>Just as the Court found US guilty of training, arming,\nequipping, financing &amp; suppling the Contras against Nicaragua \u2013 India by\nits own self-admissions via Indian diplomats, Indian military personnel, Indian\njournalists etc self-confess to arming LTTE and other Sri Lankan armed groups\nsince 1970s as documented even by foreign think tanks like Council of Foreign\nRelations.&nbsp;<a href=\"https:\/\/www.cfr.org\/backgrounder\/sri-lankan-conflict\">https:\/\/www.cfr.org\/backgrounder\/sri-lankan-conflict<\/a>(India\u2019s\nRole in the Conflict)<\/p>\n\n\n\n<p>If US was found guilty of violating the principles of\nnon-intervention, India has to be guilty of doing same. Not only did India\ntrain, arm, financially assist LTTE &amp; other armed groups, India even\nexerted pressure to amend Sri Lanka\u2019s constitution bringing the 13<sup>th<\/sup>amendment\nand creating the headache of Provincial Council system. India continues to use\ndiplomatic force to demand full implementation of the clauses of this agreement\nwhich India wishes to turn to its political advantage.<\/p>\n\n\n\n<p>India\nforced the signing of the Indo-Lanka Accord which rested on India committing to\ndeliver 5key clauses \u2013 which India has failed to commit. This automatically\nplaces the Accord null &amp; void. Under the principle of International Law\n\u2018Pacta Sunt Servanda\u2019 (agreements must be kept) both parties must execute their\nmutually agreed obligations in good faith. India breached its obligations under\nthe Accord.<\/p>\n\n\n\n<p>The Indo-Lanka Accord was signed on 29 July 1987 in Colombo under\nemergency while the 13<sup>th<\/sup>Amendment\nto Sri Lanka\u2019s constitution was passed on 14 November 1987.&nbsp;There is no\nword in the Indo-Lanka Accord that mentions amending Sri Lanka\u2019s Constitution.\nThe Accord makes no mention of \u2018devolution\u2019 either. There is no mention of\ndevolution in the exchange of letters between Indian PM Rajiv Gandhi or Sri\nLankan President JR Jayawardena. Their letters &amp; the Indo-Lanka Accord only\nspeak of the North East provinces &amp; a system for these 2 provinces only.\nHow did 13<sup>th<\/sup>amendment\ncome about? Given that 13a is now part of Sri Lanka\u2019s constitution, India has\nno right to add, remove or amend any of its clauses!<\/p>\n\n\n\n<p>India\nviolated Sri Lanka\u2019s airspace with the parippu drop. India threatened Sri Lanka\nif we took action against India\u2019s interventions. India rescued a terrorist and\nflew him &amp; family out of Sri Lanka to Delhi where Indian PM presented this\nterrorist with his own bullet proof vest! India armed 35 militant groups of\nwhich LTTE became supreme virtually killing off the other leaders. Indian peace\nkeepers killed and raped Sri Lankans, documented by LTTE itself. India trained\nan armed group to be headed by their poodle Varatharaja Perumal (Tamil National\nArmy) \u2013 isn\u2019t it ironic TNA has become Tamil National Alliance parroting what India\n&amp; West wants! The use of internationally banned bottom trawlers that ruin\nour marine bed, marine environment and livelihood of our fishermen is a\nviolation of Sri Lanka\u2019s territorial waters but a marine crime as well. The\ninflux of illegal immigrants is also a topic that needs to be taken to the\ntable. The manner that India uses Tamils as a guineapig to exert its political\nwill is a factor that has resulted in unnecessary tensions amongst communities.\nThe manner India has used its powers to exert its will culturally, economically\nvia cheap goods and manipulation of trade agreements is also a topic to debate.<\/p>\n\n\n\n<p>Sri\nLanka cannot progress primarily as a result of India feeling that India must\ngive the nod of approval for every internal decision any Sri Lankan government\nmakes. Even the UNHRC Resolutions by West\/EU bloc came only after India\u2019s nod\nof approval as did the 2002 Norwegian brokered CFA.<\/p>\n\n\n\n<p>Sri\nLanka, can come up with 101 policy papers and templates, but none of these\nnicely documented colourful blueprints will see light of day, if our\npoliticians and advisors run with these documents and expect a pat on the back\nfrom India before implementing or a cut and chop if India objects!<\/p>\n\n\n\n<p>Look\nat the disaster of allocating key assets for development \u2013 how can we progress\nif we work on mathematics that claim \u2013 if we give x, we must give y even if y\nhas no plans to do any development and wish to only embrace it and prevent it\nfrom developing. Isnt this going to be the story of Colombo\u2019s Western Terminal?<\/p>\n\n\n\n<p>Unfortunately,\nthere are some in Sri Lanka who think because of the Buddhist link Sri Lanka\nmust remain eternally grateful to India. Siddartha was born in Nepal. There was\nno India. India has a history of 74 years having been christened India\u201d in\n1947 by the colonial British amalgamating independent states &amp; territories.\nIndia is making use of Buddhism as a soft tool to gain footprint in Asia as a\npolitical tool. However, some in in Sri Lanka think they must run to India and\nseek its approval without realizing Sri Lanka is a sovereign state capable of\nmaking its own decisions. If Cuba can stand up to the self-righteous global\nbully US, why can\u2019t Sri Lanka do the same with India?<\/p>\n\n\n\n<p>Nicaragua\nmay not have got compensation but it won a moral victory and the example set by\nNicaragua is certainly one that Sri Lanka should take against India. Whatever\nfriendships Sri Lanka offers to India or however Sri Lankans and Indian people\nare close at personal levels, India\u2019s political framework &amp; intel are only\ninterested in destabilizing Sri Lanka.<\/p>\n\n\n\n<p><strong>Shenali D Waduge<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Shenali D Waduge In April 1984 Nicaragua referred the US Government to the International Court of Justice claiming the US violated international law by supporting the Contras. The ICJ ruled in favor of Nicaragua in 1986 &amp; demanded reparations be paid to Nicaragua. The US did not participate in the court proceedings. The US also [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-115552","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/115552","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=115552"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/115552\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=115552"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=115552"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=115552"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}