Bruce Fein US Attorney for the terrorists, at the Bar.

By Charles.S.Perera

Bruce Fein the Attorney for the LTTE terrorist Front Group called the US Tamil Group, says that he has selected Sarath Fonseka and Gotabhaya Rajapkse, one as a citizen and the other as a permanent resident alien for whom USA is responsible as moral, and legal matters, for genocide prosecution under the United State Genocide Accountability Act of 2007.

But the hitch is that the Act requires that the offense is committed in whole or in part within the United States, and if the genocide had been committed outside USA, conduct required for the offence should have occurred.

Let us first examine what is, genocide. Genocide is a word made up to mean "race killing", introduced by a Polish scholar Rafael Lemkin, who thought it inacceptable that there is no law to punish as a criminal offence, the violence aimed to obliterate a human community not because for something they have done but because of who they are in belonging to a religious community, ethnic clan, or a racial group.

Lemkin carried out a campaign to make "genocide" a punishable offence in International Law. It resulted in it being accepted by the UN General Assembly in 1948
as a Convention on the Prevention and Punishment of the Crime of Genocide. It all began as a result of the holocaust in which millions of Jews, and Gypsies were systematically massacred in gas chamber, by the German Nazi Regime under Hitler, whose intention was to eliminate the Jewish race .

Nevertheless, it took forty years for the US Congress to ratify the UN Convention, enacting in 1988,the Genocide Convention Implementation Act of 1987, known as the Proxmire Act, after Senator William Proxmire. The length of time taken by USA to make the enactment shows that the accusation for genocide is fraught with danger, and the holocaust was only one of its kind. And an atrocious one at that, which we wish with all our hearts will never repeat itself.

Therefore, Bruce Fein's attempt to accuse Army Commander Mr. Sarath Fonseka and Defence Secretary Mr. Gotabhaya Rajapakse for genocide and bring them before an American Court of Justice is a fanciful idea put out to fool the terrorist Front Group, which has engaged him at a substantial retainer.

Just because the United States has its Genocide Accountability Act of 2007, does not mean that Attorneys like Bruce Fein could accuse any one for this offence and bring him before an American Court of Justice under the GAA.

There are certain requirements to accuse someone for genocide, which under the Act are called the conduct required for the acts to become genocide under the GAA.

There are in fact five acts constituting genocide when committed with genocidal intent. They are:

1. Killing members of a religious community, an ethnic clan or a racial group;

2. Causing serious bodily or mental harm to members of a religious community, an ethnic clan or a racial group

3. Deliberately inflicting on members of a religious community, an ethnic clan or a racial group, conditions of life calculated to bring about its physical destruction;

4. Imposing measures intended to prevent births within members of a religious community, an ethnic clan or a racial group

5. Forcibly transferring children of members of a religious community, an ethnic clan or a racial group, to another religious community, an ethnic clan or a racial group.

The Commander of the Army Mr. Sarath Fonseka, and the Defence Secretary Mr.Gotabhaya Rajapakse, have been engaged by the President of Sri Lanka, to take military action against a group of terrorists in the North and East of the Country, who kill, maim, kidnap, torture, massacre Tamil, Muslim and Sinhala civilians, kill their opponents, and murder politician using suicide bombs, and claymore explosives , with a view to end terrorism in Sri Lanka.

The terrorist are of Tamil Origin. But they live apart from the Tamil Civilian Communities in the North using them as their resource for forced "recruitment" of children, and conscript the physically able elders , for their fighting cadre, and keep the rest as a protective shield.

The Tamil population is quite apart from the terrorists, not accepting them as their representatives, or hold voluntary allegiance to them. Therefore, in removing the terrorists from their occupied territories in military action, the Government Armed Forces are not removing the Tamil people who are the rightful citizens of Sri Lanka. The Tamil Community enjoys freedom and all the privileges common to all citizens of Sri Lanka of whatever Community.

The Tamil Community is not restricted to the North and East. Well over 50 percent of them live in the South with the Sinhala, the Muslim, and the other Communities. Therefore, there is no war or intimidation against the Tamil population for their ethnicity, religion or race.

If Bruce Fein has to indict any one on his false notion of "genocide", it has to be the President of Sri Lanka, and not the Army Commander and the Defence Secretary of the Government, because, they act on the orders of the President, who is the Commander-in-Chief of the Armed Forces.

If Bruce Fein dares indict the President of the Government of Sri Lanka, for "Genocide" , then he has to indict the people of Sri Lanka as a whole including those Tamils, Muslims, Sinhala and others, who voted to elect democratically the President, going on his election manifesto, where he has promised the people to put and end to three decades of terrorism.

But, that being a mere argument to show the absurdity of Bruce Fein's pretentious , " I have prepared an approximately 400+ page model indictment etc.", it has to be pointed out to him, that the length of his model indictment has nothing to do with the fact of genocide he claims fall within the GAA.

Bruce Fein is challenged to answer how military action, which had been proceeded by several attempts for peace negotiation with the world's most ruthless terrorist group, banned by 33 countries of the International Community, could be "genocide" in terms of the GAA, if this group of terrorists does not fall within the definition of the Act, as constituting genocide committed with genecidal intent, on members of a religious community, an ethnic clan or a racial group. They are terrorists and therefore, not members of a religious community, an ethnic clan, or a racial group.

Bruce Fein in making out a group of ruthless terrorist for his purposes as an " ethnic clan or a racial group" is attempting to make travesty of the law that Polish Scholar Rafael Lemkin and the U.S.Senator William Proxmire fought so hard, first to integrate into a UN Convention and, then to have it ratified as a US Legislative Act.

Al-Queida, and the Talibans are groups of terrorists moved by religious fervour. Therefore, does Bruce Fein consider, that the American war against terrorism in Iraq and Afghanistan in which according to Opinion Research Business Survey in 2007, a total of 1,033,000 Iraqis alone had met with violent death, genocide under the Genocide Accountability Act ?

Bruce Fein, may perhaps have heard the quotation attributed to Abraham Lincoln, that you can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time. Well if you know it, please apply it to your self.

With your 400+ page Model Indictment, you can fool your retainers the US Tamil Group, but not the honourable Justices of the United States Courts of Justice . They will see through your plea for justice for a group of terrorists, as an Attorney's brief to earn his retention fee, as the devil's advocate.

In fact tables may be turned on Bruce Fein, being accused by the US Court of Justice under US Patriotic Act against terrorism, for aiding and abetting a terrorist group in Sri Lankan which has been banned in USA, by taking a brief from the terrorist proxy US Tamil Group , and for false accusation with a view to hinder the execution of its lawful duties of providing defence and security , and to bring disrepute to a Sovereign State for its just war against terrorism.

It is not worth even writing to meet Bruce Fein's arguments, stuffed with incoherent reference to Mahavamasa, Buddhism and Dharmapala, which may have come strait from Narapalasinghams rigmaroles dished out to pro terrorist websites.

Fein's Model Indictment may have been good material for Molière, who was a French playwright considered as one of the greatest masters of comedy, to write a play such as Tartuffe ou l'Imposteur, (Tartuffe or the Hypocrite), L'Avare ou l'École du mensonge (The Miser or the School of falsehood), or Le Bourgeois Gentilhomme (The Middle Class Gentleman). It would be a great success on a French stage.

Other than that there seems to be no great interest in Fein's Model Indictment of 400+ pages. Meeting him for a debate will only be giving credence to a lopsided brief of an Attorney, which is best left to whither on the imaginary branch where it began to grow.

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