UN Report on Sri Lanka Abuses at End of Tamil Conflict – What Next? By Ambassador mo
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The Report appears to indicate grave violations of international humanitarian law, but the real question is what next? Will the Report have a functional course? The Christian Science Monitor has summarized the Report in the following introduction: "UN report faults Sri Lanka, Tamil Tigers over war conduct A UN panel has found 'credible allegations' of war crimes committed by both sides as the long-running civil war drew to a close in May 2009. "A UN panel has found “credible allegations” of war crimes committed by both sides during the final months of Sri Lanka’s civil war, which ended nearly two years ago with the battlefield defeat of the Tamil Tigers. The panel’s findings contradict many of Sri Lanka’s assertions about the conduct of its troops, who are accused of deliberately shelling civilians caught in the war zone. The Liberation Tigers of Tamil Eelam (LTTE), whose leadership was wiped out at the end of the war in May 2009, is also cited for violations such as child recruitment and using civilians as human shields. Tens of thousands of Tamil civilians trapped behind enemy lines may have died during the fighting. Sri Lanka’s government, which refused to cooperate with the panel, has already criticized its findings as “fundamentally flawed” and based on unverified claims. An executive summary of the report was leaked last week to a Sri Lankan newspaper after the UN sent a copy to the government." (www.csmonitor.com ) UN Secretary General Receives Report on Sri Lanka Human Rights Violations Interestingly though, the Report is yet officially to be posted on the UN’s own news site. Part of the consideration may be that the Report was not undertaken through an established body, as the UN Human Rights Council or Office of the Commissioner for Human Rights. Rather, as the official UN news account conveys below, the Report was delivered to the UN Secretary General who requisitioned it and presumably will determine the next steps. “The panel of experts set up to advise Secretary-General Ban Ki-moon on accountability issues with respect to the conflict in Sri Lanka today delivered its report to the United Nations chief, who is sharing a copy with the Government prior to making it public. The three-member panel was set up following the Joint Statement made by Mr. Ban and Sri Lankan President Mahinda Rajapaksa after the Secretary-General visited the South Asian nation shortly after the end of the conflict in May 2009. During their meeting today at UN Headquarters in New York, Mr. Ban expressed his sincere appreciation to the members of the panel for having completed their assignment, and said he would study the report carefully and will determine his next steps in the coming days. The panel was tasked with examining “the modalities, applicable international standards and comparative experience with regard to accountability processes,” taking into account the nature and scope of any alleged violations of international humanitarian and human rights law during the final stages of the conflict in Sri Lanka. Government forces declared victory over the rebel Liberation Tigers of Tamil Eelam (LTTE) in 2009 after a conflict that had raged on and off for nearly three decades and killed thousands of people. The conflict ended with large numbers of Sri Lankans living as internally displaced persons (IDPs), especially in the north of the island country. The members of the panel are: Marzuki Darusman of Indonesia (chair), Yasmin Sooka of South Africa and Steven Ratner of the United States. They began their work in September 2010.” Where Next? The Secretary General could decide to forward the Report to another UN body, including the UN Security Council as well as the bodies outlined above. He could also to forward to the International Criminal Court, (technically not under UN authority but nonetheless related). The UN Security Council could also “refer” the matter to the ICC. The findings are important, especially for Sri Lanka and all victims. What is also interesting is the precedent that may be established by how the UN Secretary General manages the Report and its future course. By Ambassador Muhamed Sacirbey Face Book find us at “Diplomatically Incorrect” Twitter – DiplomaticallyX Further Reports at www.warcrimesjustice.com Including – Sri Lanka Refugee Crisis - diplomaticallyincorrect.org/films/movie/sri-lanka-refugee-crisis/24358