Crimes cannot be committed behind the faade of sovereignty: ICC does not pass death sentenceDr.

Nimalka Fernando on Geneva o tcome

!"anka-e-Ne#s -$%.&pril.'$()* ((.+$,-. /hile the 0a1apakse regime stooges* pretenders of 2clean slate3 and the asinine hypocritical historians are distorting the tr ths via the media regarding the international investigation that is to be cond cted * "anka e ne#s that has al#ays stood by the tr th and made every effort all along to p blish nothing b t the tr th in spite of mon mental odds and bans against it had been able to greet and meet Dr. Nimalka Fernando #ho has a balanced mind and a personality possessed of strength of character so m ch so as to be o t of the m rky and m ddy #aters in #hich the other government stooges and sco ndrels are #allo#ing . 4ere nder are the vie#s e5pressed by her to 6 nanda Deshapriya * the 1o rnalist : 7It is apparent* a former 4igh Commissioner of 6ri "anka is of the vie# like some politicos of the government that the resol tion passed by the Geneva 4 man rights co ncil !40C. sho ld not be allo#ed to be implemented #ithin 6". 8his is a most strange stance. Five years have elapsed since the #ar ended. 6till no independent investigation had been cond cted into the h man rights !40. violations d ring the #ar. 8here are no signs too of s ch an investigation. In s ch circ mstances * ho# can it be said an international investigation is not the right thing9 If an investigation is not being cond cted locally #ithin the co ntry* is it #rong to cond ct an investigation from o tside 9 D ring the period of the #ar !'$$:.* the government appointed commissions of in; iry d e to international press res. 8o assist the commission the International Independent Gro p of <minent ,ersons*! IIG<,.* a gro p of individ als nominated by international donor co ntries and the 0a1apakse government itself #as appointed !indeed* that too #as some#hat a foreign intervention strictly speaking .. It #as a former s preme co rt !6C. 1 dge of India * ,.N. =haga#athi #ho headed that committee . () incidents #ere entr sted to the commission to decide on #ho are the #rongdoers. Finally #itho t that intellect al committee being made f ll se of and placing obstacles to their #ork * #ere got rid of from the co ntry. /hat happened to the report thereof is still not kno#n* #hile the commission stopped dead in its tracks. =eca se I #as associated #ith that commission very closely* I kno# #hat happened to most of the #itnesses #ho came for#ard to give evidence > they had to confront a dangero s sit ation.

8he #itnesses had to face threats. 8hose #ho #ere abroad and #ere giving evidence #ere made to disclose the co ntry they #ere in* and if they failed to disclose it* their evidence #as ref sed to be accepted. &nd the obtaining evidence form abroad #as stapped. &t that time it #as anno nced that an enactment #ill be bro ght to protect the #itnesses* a #itness protection act. 8his enactment has still not seen the light of day. 8he nofficial chairman of the government h man rights commission !N40C6".* Dr. ,rathiba -ahanama made a p blic anno ncement in Febr ary that the 0ight to Information &ct and /itness ,rotection &ct #ill be taken p #ithin a month. 8hose gentlemen #ho #ere in Geneva for the '%th session of 40C and no# gone back* yet the la#s have still not been enacted. 6o* this is ho# the holding of investigation into the h man rights violations d ring the #ar is being procrastinated. 8hey make promises to not to implement b t to cheat. 8his is an eternal festering sore #itho t a c re. In /eliveriya those #ho #ere killed are 6inhala yo ths. 8here too it #as the forces #ho did the shooting. Nobody kno#s #hat happened to the m ch hyped investigation that the Government 40C said it #as going to cond ct. Can this government #hich did not release the report on the killing by shooting of free trade ?one #orker 0oshan Chanaka * its o#n 6inhala citi?en at @at nayake * be e5pected to prepare a report on the crimes committed on the 8amil people9 For e5ample* in the north* hasn3t a mother the right to go before the international investigation and reveal the facts abo t those #hom she kno#s #ho abd cted her son* if that mother had still not been provided #ith redress to her grievance9 In other #ords* a mother is being forbidden the right to give evidence nder a so called sovereign government. 8ho gh the commission to investigate abd ctions nominally e5ists there are so many criticisms being levelled against that commission9 If an international investigation is probing the mother3s #oe abo t the abd cted son* and o r o#n commission too is seeking to find ans#ers to the same ; estion of the abd cted son of the same mother ho# can there arise any iss e9 &mong the () incidents that #ere entr sted to the Commission of In; iry !'$$:. appointed by the ,resident himself #as the killing of (A relief #orkers at - t r . 8his #as an incident #hich has an international impact* for those relief #orkers #ere attached to the 2&ction &gainst 4 nger3 !&CF. of the NGB s pported by the French government. &CF insisting on an international investigation beca se the 6" government had not completed the investigation and meted o t p nishment to the m rderers even after % years have elapsed. No# that NGB has p blici?ed a lengthy report saying that the 6" army is responsible for those m rders. 8his is 1 st an one e5ample.

8he government3s nofficial and official spokespersons * the so called 2blameless c lprits3 are making a big din that d e to an international commission the sovereignty of 6ri "anka is being destroyed. &t the same time they say the (+th amendment pertaining to the provincial co ncil system m st be implemented . 8his is an ndertaking that has been given to the CN too and is in the 40C 6ri "anka resol tion of '$$D. 8his (+th amendment #as bro ght forth internationally* via India. Doesn3t that constit te an intervention by India9 8hen #here is this so called sovereignty that is being bandied abo t #ithin 6ri "anka9 /hen <mperor &soka3s son bro ght = ddhism to 6ri "anka* #asn3t the sovereignty dented9 8hose days* #hat #as considered sovereign #as @ings going for h nting games. It #as Een. -ihind 8hera #ho preached sermons and halted it. Does India have any special right to intervene in 6"9 6 rely* they cannot have gro nds to t rn antagonistic to 6" in one instance* as #ell as t rn in favo r of 6" in another. In short this the real tr th: Cnder the prete5t of safeg arding the co ntry3s sovereignty* the h man rights cannot be devastated. 4 man rights are niversal. 4 man rights are f ndamental and inviolable. 8his is a right that holds good in every sit ation* every place and applies to all. /hen 6" signed the CN covenants regarding h man rights* part of its sovereignty #as divested. It became f sed #ith h man rights. 0elated to h man rights one can not ref se some rights and accept selected rights. 8here is no relativity in h man rights. 6ome ask if h man rights violations in Ira; and &fghanistan are not investigated* #hy an international investigation pertaining to 6ri "anka9 B r vie# has been that in those co ntries too the crimes m st be investigated. I have al#ays s bscribed to that vie#. /e have #orked #ith the h man rights gro ps in those co ntries too* and have even staged protests. . =y holding to the vie#* if in those co ntries there are no investigations into the crimes* there sho ldn3t be an investigation in 6ri "anka as #ell* isn3t it impliedly saying that any co ntry in the #orld can commit crimes as they fancy9 Commit massacres as they liked9 /e are opposed to this point of vie# . <ven if there are no investigations in those co ntries* in o r vie# there sho ld be an investigation in 6ri "anka. Bn the other hand if the government #ishes to have its sovereignty #itho t any compromise* #hat it sho ld do is resign from the CN organi?ation* and carry on a savage internationally discarded reign. = t there is no room for that today. In today3s #orld the very fo ndation and bedrock of civili?ation is h man rights. 8oday no#here in the #orld it is possible for a mother to give orders to p t her child in a 1ar

and be po nded . Neither can anybody give orders to carry o t a death sentence by trample of an elephant. !8here are co ntries #here killing by stoning is allo#ed* b t that is amidst #orld resentment. 8oday* s ch a sit ation does not prevail in 6ri "anka ./hen the Indian forces #ent into =angladesh to save the =angladeshi people it #as not considered as a invetion. /hen Eietnam forces #ent to save the people of Cambodia from ,olpot * it #as too not branded as a invasion. /hen ,inochet * former the army leader and the dictator of Chile t #as arrested in <ngland for violating h man rights in that co ntry it #as not an attack on the sovereignty of the co ntry. Didn3t the Cnited Nations come to the resc e of <ast 8imore 9 8he CN40C appointed its special representatives to investigate for many years the h man rights violations of the -yanmar military regime. /ere they also a violation of sovereignty9 Definitely not. 8hat #as an intervention on behalf of the people to safeg ard their legitimate rights #hen that co ntry co ld not. 4ence* to allege that the appointment of an international h man rights investigation into charges of mon mental h man rights violations is destroying the sovereignty is a st pid and senseless acc sation. 8he e5 diplomat to Geneva !political appointee. of 6ri "anka #ho is ttering these nonsensical statements gave complete protection thro gh the CN40C #hen the #ar #as ongoing . 8he statistics of the civilians #ho #ere killed d ring the #ar are in their hands. 8hey m st also to some e5tent be held responsible for those m rders. If the 6" government does not permit room to ha l p the criminals before the co rt of trial* economic sanctions can possibly be imposed .8he investigation of the CN40C does not take into its embrace only the crimes committed by one section rather those committed by all sections. It is also an comprehensive investigation . If the 6ri "anka government is incapable of cond cting s ch a probe * #hy ob1ect to s ch an international investigation 9 Doesn3t the government claim this investigation is aimed against 6ri "anka simply by clinging on to the misconception of sovereignty in order to defend its acc sation against the CN40C 9 8his is like a dro#ning man clinging on even to a stra# in desperation to save his life. 8he cr cial ; estion is * #hether the investigation is to be cond cted by the CN 4igh commissioner 2s office or by a separate independent commission . 6imilarly* to say that the transparency of CN high Commissioner general3s office is ; estionable is also e; ally foolish. <ven on the occasion #hen this resol tion #as adopted* the officer in charge of finance of the CN 4igh Commissioner 2s office #as present . 4e #as asked among other ; estions * #hether f nds #ere available or not and #hether the finds are made available by only the co ntries that bro ght for#ard the resol tion9 =esides * this investigation is being cond cted based on the po#ers vested in the office of the CN high Commissioner general via the resol tion * and the probe is cond cted by the intellect als or by

the recogni?ed investigators of that office. /hen compared #ith the investigations cond cted in relation to other co ntries* this investigation is m ch more transparent and d ly organi?ed .8his is not a secretive investigation. 8his investigation is very m ch different from that appointed by =an @i -oon himself. 8his is an investigation that is being carried o t officially by the CN organi?ation. 8his is #hy it is s premely important. 8hat is also the reason to state* by averting this investigation 6" #ill be driving itself into despair. Cnlike the investigation into the crimes of the past in 6ri "anka * in co ntries like 6yria * the investigation #as carried o t at the same time as those crimes #ere being committed. <ven in North @orea it #as so. 8his is #hyF there is a lot of time allo#ed for this investigation. 6ometimes the one year time limit may not be ade; ate. 8he s b headings nder #hich the investigation #ill be carried o t is important. In s ch circ mstances* there is a likelihood for a n mber of s b headings being incl ded like International h man rights la# F carnage havoc F #ar crimes etc. &ccordingly* the investigation can possibly be classified. "ike ho# a case is d ly ad1 dged* the s rro nding circ mstances #hen the crime occ rred* #as the crime an accident9 Br deliberate9 /as it a planned crime9 /as it a crime in self defence 9 /ill be reckoned . I think primarily in this investigation into the crimes d ring the #ar* these classifications may be made. /itho t confining to the recommendations in the ""0C * the investigation can be cond cted. It is significant to note * the ""0C recommendations have still not been implemented by the government . 8hose #ho are making grandiose sermons on sovereignty had not been able even to advise the government and get that done. 8he story concocted that this investigation is going to lead the ,resident to the electric chair is most ridic lo s and l dicro s. In the International #ar crime co rt there is no death sentence. 4o# are the res lts of this investigation going to be carried for#ard based on the po#ers of the international #ar crime co rt #ill be the ne5t step that #ill be decided. 6ometimes* action may be taken against the individ als #ho are fo nd responsible for the crimes .8he Cnited Nations has the po#er to ban the travel of those individ als abroad. 8heir bank acco nts can be fro?en. Frankly speaking it is not the entire co ntry that is liable for p nishment . 6o all these cra?y* deceitf l tterances and claptraps are being ind lged in #ithin 6ri "anka only to save a fe#. = t ofco rse * if those individ als #ho are fo nd g ilty are not permitted to be bro ght before

co rt for trial * the chances are economic sanctions can be imposed . 8he international investigation #ill s rely be cond cted. Neither the government licensed goons nor the pretenders of 2clean slate3 can stop it.G !-8ranslated form the original 6inhala article =y Heff.